A parcel of land was held in common by two families and separated by a fence for dozens of years. At some point one of the families contended that the other’s part is bigger and thus the equality between tenants in common was jeopardized.
The Court rejected the claim and held that the ownership of each of the tenants in common is spreading in every part of the land and that no tenant in common has a certain part in them. By virtue of this principle, one of the tenants in common may not make a unique and exclusive use of a certain part of the territory but may make reasonable use of the land without the consent of the other tenants provided that such use is not prevented from the other. However, when there was an agreement between the families regarding the division of the land between them and they so acted for years, an agreement was created and such need not be in writing nor be recorded with the Land Registry.