A partition is a term used in the law of real property to describe an act by a court order or otherwise to divide up 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. A sole owner or several owners of a piece of land may partition their land by entering a deed poll (sometimes referred to as carving out ).There are three kinds of partition which can be awarded by court partition in kind partition by allotment and partition by sale. A partition in kind is a division of the property itself among the co-owners. Partition in kind is a default method of property partition.In a partition by allotment which is not available in all jurisdictions the court awards full ownership of the land to a single owner or subset of owners and orders them to pay the person or persons divested of ownership for the interest awarded. Partition by sale constitutes a forced sale of the land followed by division of the profits thus realized among the tenants. Generally the court is supposed to order a partition sale only if the land cannot be physically divided although this determination often rests on whether the economic value of the divided pieces is less in the aggregate than the value of the parcel as a single piece. See Delfino v. Vealencis 436 A.2d 27 (Conn. 1980).A provision in a deed completely prohibiting partition will not be given effect but courts will enforce a provision that temporarily restricts partition as long as the restriction is reasonable. For More Details contact us on - 91-9833604902022-23892325www.optimalegalsolut ions.comLegal Solutions on your problems( Expert lawyers and advocates in Mumbai Navi Mumbai Thane Pune).Note Above Data is information educational purpose not for any sort or advertisement.
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