(a) If any cotenant
requested partition by sale, after the determination of value under Section 6, the court shall send notice to the parties that any cotenant
except a cotenant
that requested partition by sale may buy all the interests of the cotenants
that requested partition by sale.
provisions against violating cotenants
even though those other tenants
Similarly, when one cotenant
occupies or possesses the entire
(132) Thus, the rule according to which each co-habitant may consent to search assumes that usually it is each co-tenant to himself, regardless of the other cotenants
. The Supreme Court rejects notions of trust, cooperation, connectedness, and mutuality in favor of individualism.
But, even this disposition did not quell the debate over cotenant
It is very significant to note that the Supreme Court did not impose any obligation on police officers to take "affirmative steps to find a potentially objecting cotenant
before acting on the permission they had already received." (68) According to the Supreme Court: if a potential defendant with self-interest in objecting is in fact at the door and objects, the cotenant
's permission does not suffice ...
In United States v Hudspeth, (14) the eighth circuit found that when the Supreme Court in Randolph referred to a "physically present" cotenant
, the Court did not really mean actual physical presence.
up ownership automatically upon death of a cotenant
. (85) Yet, political
(g) Finally, since incumbent users may not be well motivated to expand capacity, the cotenants
cannot prevent the entry of new investors who invest in line capacity expansion, and acquire rights to the consequent increase in nodal rights to inject (or withdraw) power.
Tenancies in common have no rights of survivorship; when a cotenant
dies, their interest passes directly to their heir(s).
(62) The Court rejected this argument and cited Randolph dictum which suggested that one cotenant
's consent may not suffice if '"there is evidence that the police have removed the potentially objecting tenant from the entrance for the sake of avoiding a possible objection.'" (63) The majority noted that this dictum does not require a subjective inquiry into the minds of the arresting officers, but rather refers to situations where an arrest and removal was not objectively reasonable.
who commits waste--represented by actively compromising the asset or by allowing it to fall into disrepair--ought to compensate the other cotenants
for the loss they suffer.