Ahrens v. Dye

I concur in the judgment of the court but dissent from that part of the opinion which holds that a tenant in common may terminate a lease as to his interest without the concurrence of the other tenants in common. I believe the rule is unsound and will lead to confusion and uncertainty in an area of the law where certainty is of utmost importance.

Although some authority may be found to support the rule stated in the majority opinion, Cook v. Boehl, 188 Md. 581, 53 A.2d 555 (1947), and Matteo v. Ginger Estates, Inc., 94 Misc. 2d 302, 404 N.Y.S.2d 533 (1978), cited in the majority opinion, do…