Moorcroft v. Severance (2018)

Citation: Moorcroft v. Severance (2018)
Parent Document: Moorcroft v. Severance (2018)
Jurisdiction: Vermont (state)
Effective Date: 2018-03-12
Original Source: https://www.courtlistener.com/opinion/10026703/moorcroft-v-severance/ ↗

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The court finds it unnecessary to analyze the full import of the repudiation doctrine as to
the non payment of taxes under the Life Lease. Repudiation is a contract doctrine. Here, the
parties tax payment obligations flow not from a contract, but their co-tenancy as tenants in
common. That relationship is not “repudiated” by non-payment of taxes, a carrying cost of the
property subject to the tenancy in common. Tenants in common have a more complex legal
relationship, tied to the land held, than parties to a contract. Tenants in common hold by unity
of possession, each having separate and distinct title and freehold, and each being solely and
separately seised of his share. Northeast Petroleum Corp. of N.H., Inc. v. State, Agency of
Transportation, 143 Vt. 339, 342 (1983).

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