Foster v. Waiahole Water Co.

Citations

• 25 Haw. 726
• 1921 Haw. LEXIS 53

Syllabus

<p>' Deeds — leases—merger.</p> <p>Where a lessee for years acquires the fee in the property leased the lesser estate is merged in the greater.</p> <p>Tenancy in Common — conveyance of water right by one cotenant.</p> <p>Where a cotenant conveys his undivided interest in the water rights of the cotenancy the deed is valid as between the parties thereto and voidable by the nonassenting cotenants to the extent only that they may show that the transfer is prejudicial to them.</p> <p>Same — same—easements.</p> <p>It is settled law that one cotenant may transfer his undivided interest or any aliquot part thereof to a third person and the modern rule is that one of the cotenants may by metes and bounds convey a specific part of the common property by a deed valid between the grantor and grantee and voidable by the nonassenting tenants in common to the extent only that the conveyance may impair or vary their rights. And the rule is the same whether the deed conveys the fee or an easement only.</p>