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Question
Lea and Ren own a parcel of land as co-owners in equal undivided shares. Without Ren’s knowledge, Lea constructs a two-story warehouse that occupies the entire parcel and maintains exclusive possession, financing the project with a loan secured by a mortgage on Lea’s share. After several months, Ren seeks relief and requests partition to obtain his own share or to compel a sale.
(a) Identify the governing doctrine on co-ownership that controls Lea and Ren’s rights, with emphasis on undivided ownership, exclusive possession, and the remedy of partition.
(b) What remedy is available to Ren given Lea’s exclusive possession and the mortgage on her share?
(c) Apply the doctrine to the facts and state the likely outcome, with brief reasons.