In what circumstances will a tenant in common be required to join in an action to enforce a covenant?
Alberta, Canada
The following excerpt is from Lazerte (Re) (Trustee of), 2001 ABQB 219 (CanLII):
In Thompson v. Hakewil (1865) 19 C.B.N.S. 713, 114 E.R. 966, one of the tenants in common brought application to enforce an covenant to repair. The court held that both tenants in common must join in the action to enforce the covenant made by them jointly.
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