Legal Updates

Dissolution in kind of land held by tenants in common requires furnishing a drawing showing that it is possible

June 6, 2017
Print

A Court ordered on disassembly of a land held in common by sale by mutual bids. One of the co-owners in the land contended that this was a mistaken resolutoin and that it would be preferable to dismantle the co-ownership by division in kind.

The Court held that the preferred way in dissolution of land is division in kind, but a pre-condition for this is that it is possible from a proprietary and planning point of view to divide the land between the partners in a manner that will lead to the dismantling of the partnership between them.  In this case the partner who contended that a distribution in kind could be performed did not present a drawing indicating a possible legal division and thus cannot contend that is impossible to divide the land in kind.