Concurrent Estate - Destruction of Tenancy in Common

Destruction of Tenancy in Common

Where any party to a tenancy in common wishes to terminate (usually termed "destroy") the joint interest, he or she may obtain a partition of the property. This is a division of the land into distinctly owned lots, if such division is legally permitted under zoning and other local land use restrictions. Where such division is not permitted, a forced sale of the property is the only alternative, followed by a division of the proceeds.

If the parties are unable to agree to a partition, any or all of them may seek the ruling of a court to determine how the land should be divided - physically division between the joint owners (partition in kind), leaving each with ownership of a portion of the property representing their share. Courts may also order a partition by sale in which the property is sold and the proceeds are distributed to the owners. Where local law does not permit physical division, the court must order a partition by sale.

Each co-owner is entitled to partition as a matter of right, meaning that the court will order a partition at the request of any of the co-owners. The only exception to this general rule is where the co-owners have agreed, either expressly or impliedly, to waive the right of partition. The right may be waived either permanently, for a specific period of time, or under certain conditions. The court, however, will likely not enforce this waiver because it is a restraint on the alienability of property.

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Famous quotes containing the words destruction of, destruction and/or common:

    The least pain in our little finger gives us more concern and uneasiness than the destruction of millions of our fellow-beings.
    William Hazlitt (1778–1830)

    When one of us dies of cancer, loses her mind, or commits suicide, we must not blame her for her inability to survive an ongoing political mechanism bent on the destruction of that human being. Sanity remains defined simply by the ability to cope with insane conditions.
    Ana Castillo (b. 1953)

    The peace of God, which passeth all understanding.
    —Bible: New Testament St. Paul, in Philippians, 4:7.

    The words are also used in the Book of Common Prayer, Holy Communion (1662)