One tenant in common cannot oblige another to contribute to the cost of repairs

One tenant in common cannot oblige another to contribute to the cost of repairs in the absence of agreement, request or obligation to a third party.

In Leigh v Dickeson ((1884 – 85) LR 15 QBD 60, CA (Eng)) one tenant in common paid for the cost of repairing the co-owned property and sought a contribution from the other. It was held that the other co-tenant was under no obligation to make this payment in the absence of agreement between them.

Brett MR  listed  situations in which one person could seek reimbursement from another and found that this case did not fall within them (at 64 – 65). It might be different if the repairs were carried out because of some obligation to a third party or on a partition (per Cotton LJ at 67)

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s


%d bloggers like this: