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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