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NeCede's

Maxim 4.5.9

One co-proprietor can exercise no authority over the common property against the will of the other.

Source: Dig. 10, 3, 28; Weisman, 85d Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) No co-owner may exercise dominion over common property against the will of another co-owner — cite this to enjoin a partner or joint tenant from unilateral use, alteration, or disposition of shared property.

Where this applies

  • One co-owner of a vacation home rents it out to tourists without the other co-owner's consent; the court orders the rentals to stop because no co-proprietor may exercise authority over shared property against the other's will.
  • A joint tenant begins clearing trees on commonly held land over the other owner's objection; the court enjoins the activity because one co-owner cannot unilaterally alter shared property.
  • Two siblings inherit a house equally; one wants to renovate and the other objects; the court holds that neither can proceed without the other's agreement.

Legal domains

Cite this maxim

NeCede Max. 4.5.9 — One co-proprietor can exercise no authority over the common property against the will of the other. — Dig. 10, 3, 28; Weisman, 85d

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