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Encyclopedia > Partition (law)

A partition is a term used in the law of real property to describe the court-ordered division of a concurrent estate into separate portions representing the proportionate interests of the tenants. Under the common law, any tenant who owns an undivided concurrent interest in land can seek such a division. In some cases, the parties agree to a specific division of the land; if they are unable to do so, the court will determine an appropriate division. Corruption Jurisprudence Philosophy of law Law (principle) List of legal abbreviations Legal code Intent Letter versus Spirit Natural Justice Natural law Religious law Witness intimidation Legal research Critical legal studies External links Wikibooks Wikiversity has more about this subject: School of Law Look up law in Wiktionary, the free dictionary... The term Immovable Property is synonimous with Real Estate. Real estate is a legal term that encompasses land along with anything permanently affixed to the land, such as buildings. ... A court is an official, public forum which a public power establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... A concurrent estate or co-tenancy is a concept in property law, particularly derived from the common law of real property, which describes the various ways in which property can be owned by more than one person at a given time. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


There are two kinds of partition which can be awarded: partition in kind and partition by sale. A partition in kind is a division of the property itself, whereas partition by sale constitutes a forced sale of the land, followed by division of the profits thus realized among the tenants.


A provision in a deed completely prohibiting partition will not be given effect, but courts will enforce a provision that temporarily restricts partition, so long as the restriction is reasonable. A deed is a legal instrument used to grant a privilege. ...


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