Id.; Nelson v. Hendricks, 74 S.D. 441, 54 N.W.2d 324, 324 (1952). Accord Swogger v. Taylor, 243 Minn. 458, 68 N.W.2d 376 (1955); Trowbridge v. Donner, 152 Neb. 206, 40 N.W.2d 655 (1950); Berg v. Kremers, 181 N.W.2d 730 (N.D. 1970); White v. Tillotson, 256 Wis. 574, 42 N.W.2d 283 (1950). [¶ 10] When applying the above definition, it is also necessary to heed the following policy considerations.
A trial court’s determination of the proper division of property or proceeds between the parties and the form of relief granted will not be disturbed on appeal unless the trial court has abused its discretion. Miller v. Miller , supra , 564 P.2d at 527-528 ; see Berg v. Kremers , 181 N.W.2d 730, 731 Syll. ¶ 4 (N.D. 1970)."
They also argue no basis existed to allocate Beach Railport's investment burden on the Michels and the parties were not "equally favored" in the partition decision, contending a cotenant may not charge another cotenant for improvements to shared property, unless such improvements are made with the other cotenant's consent or are "necessary, useful, substantial, and permanent, enhancing the value of the estate." Gjerstadengen v. Hartzell, 9 N.D. 268, 277, 83 N.W. 230, 233 (1900) ; see also Berg v. Kremers, 181 N.W.2d 730, 736-37 (N.D. 1970) ; but see McKechnie v. Berg, 2003 ND 136, ¶ 16, 667 N.W.2d 628 ("In a partition action, a cotenant may be granted an allowance for the value of substantial, necessary, and permanent improvements which enhance the property's value."). [¶ 30] Because we are reversing and remanding this case, we do not address these issues but rather permit the district court to consider the Michels' arguments in the further proceedings on remand, which may render the issues moot after the evidentiary hearing.
”Schnell, 346 N.W.2d at 716 (quoting Berg v. Kremers, 181 N.W.2d 730, 733 (N.D.1970)). Thus, the effect of partition in kind “must be weighed against the effect of a sale of the land as a unit and the effect of a sale of the land in parcels.”
Great prejudice exists when the value of the share of each in case of a partition would be materially less than the share of the money equivalent that each could probably obtain from the whole. Id.; see also Berg v. Kremers, 181 N.W.2d 730, 733 (N.D. 1970). [¶ 8] On the request for a partition sale of the property, the trial court made the following relevant findings of fact:
[¶ 16] In a partition action, a cotenant may be granted an allowance for the value of substantial, necessary, and permanent improvements which enhance the property's value. Green, 482 N.W.2d at 849 n. 4; Berg v. Kremers, 181 N.W.2d 730, 736 (N.D. 1970). Compensation for inequality in the rights and interests of the parties is addressed under N.D.C.C. § 32-16-41:
" For this reason, we hold that "great prejudice" is a question of fact to be reviewed under the clearly erroneous standard. This holding is amply supported by authority from other jurisdictions. See, e.g., Beebout v. Beebout, 447 N.W.2d 465, 467 (Minn.App. 1989); Frank DeHaan, Inc. v. Gallatin-Madison Ranch Co., 250 Mont. 304, 820 P.2d 423, 426 (1991); Berg v. Kremers, 181 N.W.2d 730, 734 (N.D. 1970); Gillmor v. Gillmor, 657 P.2d 736, 739 (Utah 1982). As Ashley argues in his brief, the superior court made no findings regarding the economic prejudice that would result from a partition in kind.
In a partition action, a co-tenant may be granted an allowance for the value of substantial, necessary, and permanent improvements which enhance the property's value. E.g., Berg v. Kremers, 181 N.W.2d 730, 736 (N.D. 1970); Gjerstadengen v. Hartzell, 9 N.D. 268, 83 N.W. 230, 233 (1900). In the event partition is sought, it will be for the trial court to determine the extent of the allowance to the Gustafsons for the improvements, keeping in mind that partition is an equitable remedy governed by equitable principles.
Current statutory law provides that a partition is a matter of right when several cotenants are in possession of real property as tenants in common. North Dakota Century Code § 32-16-01; Berg v. Kremers, 181 N.W.2d 730, 732 (N.D. 1970). Section 32-16-01 provides:
A trial court's determination of the proper division of property or proceeds between the parties and the form of relief granted will not be disturbed on appeal unless the trial court has abused its discretion. Miller v. Miller, supra, 564 P.2d at 527-528; see Berg v. Kremers, 181 N.W.2d 730, 731 Syll. ¶ 4 (N.D. 1970). In Fettig v. Fettig, 277 N.W.2d 278, 280 (N.D. 1979), we discussed the general rule as to contribution obligations between cotenants: