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May 17, 2019 · Today in Ontario, the Partition Act applies. A more descriptive name for this law would be the “Partition or Sale Act” since a court may grant a party either remedy. However, the name of the Partition Act does reveal something telling, since a court will consider partition before sale. The remedy the court selects will depend, in large part ...
- Clark Armstrong
Clark Armstrong is an Associate lawyer in the London Office...
- Clark Armstrong
Partition by Sale is a legal procedure designed to resolve conflicts and disputes among co-owners of real property. It offers a structured approach to handling disagreements when co-owners cannot reach a consensus about the property’s use, management, or disposition. The primary objective of Partition by Sale is to ensure that each co-owner ...
- Partition
- Right of First Refusal
- Accounting
- Net Proceeds
- What Does This Mean For Prospective Tenants in Common?
A tenant in common has a right to partition or sale of a property under the Partition Act. There are very limited circumstances in which a court may decline to order a partition or sale under s.2 of the act (such as in the case where it would conflict with the parties’ agreement regarding a property or where it would be practically impossible to su...
Under the parties’ co-ownership agreement, there was a section that plainly stated the right of first refusal for one party to purchase another party’s interest in the property only arises where one party wishes to divest itself of their interest in the property. The appeal court noted that the application judge was aware of and appropriately consi...
While there was no provision in the co-ownership agreement stating that an order of accounting was necessary prior to the sale of the property, the evidence before the court indicated that both parties clearly understood an accounting order would follow the sale of the property. Thus, any accounting issues (such as how much each party was entitled ...
The appeal court found that the application judge’s only error was ordering the net proceeds of the property’s sale be paid to the Krizans. This was contrary to the co-ownership agreement, which required net proceeds be held in an interest-bearing trust account. The appeal court overturned this aspect of the decision and directed that the net proce...
An owner of real property (whether as joint tenant or tenant in common) has a right to partition or sale under the act if that party no longer desires to maintain their interest in the property. If the other owner(s) do not agree, there are very few exceptions that will allow a court to prevent a sale. In the case where the parties’ relationship is...
Sep 19, 2024 · When a co-owner applies for partition or sale, the court typically grants the request unless there are compelling reasons not to. According to the Ontario Court of Appeal in Davis v. Davis, a co-owner has a prima facie right to partition or sale. The court should compel partition or sale unless there is a sufficient reason to deny such an order.
them by making the sale of the land subject to their claims even if they do not consent to the sale.4 Once a judge makes a partition or sale order, they can direct the mechanics of the sale (the division of the sale proceeds, the appointment of a real estate agent, payment of any mortgages, or similar procedural issues) be determined by a referee.
The Partition of Property Act codifies the common law on the partition of land. It deals with joint tenants, tenants in common, mortgagees, other creditors having liens on land, and all other parties interested in land. Partition includes the physical division of land and the sale and distribution of proceeds.
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Aug 28, 2017 · The Partition Act merely gives a co-owner the right to force a partition or sale. Co-owners that wish to partition or sell their land should speak to a real estate lawyer. Similarly, co-owners on the receiving end of a partition application should be prepared to partition, sell, or demonstrate that the opposing co-owner is seeking the ...
