A partition is a term used in real estate law to describe a deed by court order or otherwise to divide a competing estate into separate parts that represent the proportionate interests of real estate owners. It is sometimes described as a forced sale. At common law, any owner of real property who has an undivided interest in land simultaneously may apply for such a division. In some cases, the parties agree to some division of land; If they are unable to do so, the court will decide on an appropriate division. A sole proprietor or several owners of a property can divide their land by participating in a deed vote (sometimes called “redistricting”). 2. The competent court shall be the court where the property is situated. While the court has broad fair powers to prevent waste and protect property, it also has the right, during the proceedings, to “.. order compensation, accounting, contribution or other adjustment of remuneration between the parties in accordance with the principles of equity. CCP 872.140. Thus, the court may require different co-owners to deposit money or grant access to the property, depending on the court`s consideration of what is fair and equitable between the parties. Any agreement between the parties is usually enforced by the court. Divisions can be compulsory (judicial) or voluntary. The property can always be divided with the consent of the owners.
If the land is held in colocation, each of the co-owners can terminate their own interest in the unit by forcing a division. If the property cannot be divided equitably, it will be sold in court and the proceeds will be paid accordingly. If the co-owners cannot agree on a voluntary division, a lawsuit can be filed to force the division in order to separate the property interests. Except in exceptional circumstances, a roommate or roommate has the unlimited right to request a forced division. The partition must be done even if all the other owners have objections to it. The reasons of the party seeking partition are irrelevant and the court hearing the application does not have the discretion to reject the partition. Its main function is to determine the method of execution of the partition. Typically, the court orders the sale of the property and the division of the proceeds rather than ordering a physical division of the property.
If ownership of the property is questioned, most states allow the court to resolve this issue as well as the partition. PARTITION, transfer. A deed of partition is an act by which land held in colocation, comparzaire or jointly is divided into different parts and allocated to the different parties who take them in several. 2. In the old acts of partition, it was simply agreed that one would enjoy a certain part and the other another, several; But it is now the practice of the parties to transmit to each other and to assure each other the various goods which they must occupy in several under the division. Cruising excavation. T. 32, c. 6, p. 15.
Our Office usually recommends that parties attempt to informally agree on a division of property, rather than relying on the judicial division`s costly and clumsy method of dividing property. We recommend that partition be a “last resort” because strangers on the property, judges and arbitrators will do the work at a significant cost. but in a very costly and often confrontational way. Do you manage silos throughout the metropolitan area? The division by sale takes place twice. First, division by sale could take place if the property in question cannot be divided physically (or equitably) between the co-owners. A division by sale may also take place if a division into contributions in kind cannot be effected without significant prejudice to one of the interested parties. This means that if the division of ownership between the co-owners causes significant harm to one or all of the co-owners, the court will order the sale of the entire property and the proceeds of the sale will be divided among the co-owners and distributed accordingly. In determining what constitutes “substantial harm” under sections 46-22 of the North Carolina General Act, the court will consider the following issues: 4. Note that actions of spouses or presumed spouses for the division of joint or quasi-community property are expressly excluded from the new law on partition. You can`t look for division.
(CCP 872.210(b).) A party seeking partition must bring an action for partition. State codes generally favour the physical division (division into benefits in kind) of the property concerned over the sale (division by sale as a unit), especially if a tenant would be evicted from his principal residence by a sale. If a division of things is possible, the properties are divided proportionately. Where minor differences in such allocation are unavoidable, cash compensation for the difference(s) shall be granted in order to ensure proportionality. If the property(ies) cannot be divided and allocated to give each tenant a portion without spoiling the whole, the court will order a sale. A special prothonotary (arbitrator) is usually appointed by the court to carry out the division process. The arbitrator is accountable only to the court, and the arbitrator is limited only by the court`s instructions and applicable state codes. In the case of a division of objects, the arbitrator arranges for documents to be prepared for the suitable good(s). If easements are required for access, the appraiser will use professionals (engineers, land surveyors and other experts) to describe the easement(s). The transfer deeds for the adapted land(s) and easement(s) must be registered simultaneously. Often, “acts of arbitrator” (acts signed by the arbitrator in place of the owner) can be used.
