Delfino v. Vealencis
Supreme Court of Connecticut
436 A.2d 27 (1980)
The Delfinos (plaintiffs) held a 99/144 interest and Vealencis (defendant) a 45/144 interest in jointly owned land as tenants in common; Vealencis actually lived on and ran a trash-removal business (without on-site refuse storage) from her portion at the property's western edge, while the Delfinos lacked actual possession. The trial court found a partition in kind impractical and ordered a partition by sale instead, reasoning residential development would be hampered by the trash business and doubting zoning approval for both uses nearby; Vealencis appealed.
Whether a partition in kind is preferable to a partition by sale where one holder by tenancy in common lives on and runs a business out of her portion of the property.