Owners of individual shares in real estate or personal property are not mutual agents in the improvement and disposition of the property. Nevertheless one who removes an incumbrance, makes a repair necessary to the preservation of the property, or adds improvements that actually increase the receipts on sale, is entitled to contribution. But one tenant in common cannot give a release for injuries done the estate or grant a license to work an injury.15

Between persons situated as tenants in common a partnership does not result by implication of law. It must be created by an agreement. Tenants in common may become partners like other persons where they agree to assume that relation toward each other; but the law will not create the relation for them as the consequence of a course of conduct and dealing naturally referable to a relation already existing between them, which made such a course of conduct to their common advantage. As for instance where they engage in the joint enterprise of digging an oil well on lands they hold in common.16