Legal Updates

Any partner in a land may demand the dissolution of the partnership.

October 15, 2018
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Owners of rights in a lot on which an old house was built, with several cubicles serving together as a store, as well as a number of auxiliary buildings that serve as a warehouse for the same store, sought to dismantle the partnership in the land.
The Court held that the land should be sold by a public tender to the highest bidder. In general, the rule is that tenancy in common of land is not desirable, and therefore each tenant may force the others to dismantle the tenancy. The main method of division is a division in kind, which is intended to protect the tenants from being ousted from the land, which has an importance that exceeds the economic value of the land due to the emotional aspect. There is significance to the question whether the person who requested the division resides on the property or not. If the division in kind is not possible, the possibility of registering the property as a condominium will be examined, so long as it is possible to register at least two separate units. When there is no justification for registering the property as a condominium, it is possible to follow the path of sale to the highest bidder. Significant monetary loss that will be caused due to tax charges as a result of the sale is irrelevant, even though it is a consideration in the case of division in kind.