Castellano v. Ortega

1 Citing case

  1. In re Estate of Duran

    133 N.M. 553 (N.M. 2003)   Cited 30 times
    Holding that an oral partition agreement among siblings could not be enforced against siblings who were minors at the time of the agreement

    Torrez v. Brady, 37 N.M. 105, 111, 19 P.2d 183, 186 (1932) ("There must be express denial of the title and right to possession of the fellow tenant, brought home to the latter openly and unequivocally."). In Castellano v. Ortega, 108 N.M. 218, 219, 770 P.2d 540, 541 (Ct.App. 1989), however, the Court of Appeals held that when one cotenant conveyed the entire property to a third party, recorded the deed, and the third party entered into possession of the property, this served sufficient notice on the cotenants of repudiation of the pre-existing tenancy in common. {18} The policies behind the strict rule regarding cotenants are directly implicated in this case.