PARTITION , in
See also:law, the division between several persons of
See also:land or goods belonging to them as co-proprietors . It was a
See also:maxim of
See also:Roman law, followed in
See also:modern systems, that in communione vel societate nemo potest invitus detineri . Partition was either voluntary or was obtained by the actio communi dividendo . In
See also:English law the
See also:term partition applies only to the division of lands, tenements and hereditaments, or of chattels real between coparceners, joint tenants or tenants in
See also:common . It is to be noticed that not all hereditaments are capable of partition . There can be no partition of homage, fealty, or common of turbary, or of an
See also:inheritance of dignity, such as a
See also:peerage . Partition is either voluntary or compulsory . Voluntary partition is effected by mutual conveyances, and can only be made where all parties are sui
See also:juris . Since the Real
See also:Act 1845, § 3, it must be made by deed, except in the case of copyholds . Compulsory partition is effected by private act of parliament, by judicial
See also:process, or through the
See also:inclosure commissioners . At common law none but coparceners were entitled to partition against the will of the
See also:rest of the proprietors, but the Acts of 31
See also:Henry VIII. c . 1 and 32 Henry VIII. c .
32 gave a compulsory process to joint tenants and tenants in common of taces) . . .2 B.C.–A.D . 5
See also:Mithradates V . . . c . 129-147 Orodes II A.D . 5-7
See also:Vologaeses III . . . 147-191 freeholds, whether in possession or in reversion, by means of the writ of partition . In the reign of
See also:Elizabeth the
See also:court of
See also:chancery began to assume jurisdiction in partition, and the writ of partition, after gradually becoming obsolete, was finally abolished by the Real Property
See also:Limitation Act 1833 . The court of chancery could not decree partition of copyholds until the passing of the Copyholds Act 1841 . This act was repealed by the Copyholds Act 1894, which empowers the alienation of
See also:ancient tenements with the licence of the
See also:lord . By the Judicature Act 1873, § 34, partition is one of the matters specially assigned to the chancery division .
See also:order for partition is a
See also:matter of right, subject to the discretion vested in the court by the Partition Act 1868 (amended by the Partition Act 1876) . By § 3 of the'act of 1868 the court may, on the
See also:request of a party interested,
See also:direct a sale instead of a partition, if a sale would be more beneficial than a partition . By § 12 a
See also:county court has jurisdiction in partition where the property does not exceed Soo in value . Under the
See also:powers of the Inclosure Act 1845, and the acts amending it, the inclosure commissioners have power of enforcing compulsory partition among the joint owners of any inclosed lands . An order of the inclosure commissioners or a private act vests the legal
See also:estate, as did also the old writ of partition . But an order of the chancery division only declares the rights, and requires to be perfected by mutual conveyances so as to pass the legal estate . Where, however, all the parties are not sui juris, the court may make a vesting order under the powers of the Trustee Act 1850, § 30 . Partition is not a technical term of Scots law . In Scotland division of common property is effected either extra-judicially, or by
See also:action of
See also:declarator and division or division and sale in the court of session, or (to a limited extent) in the
See also:sheriff courts . Rights of common are not divisible in English law without an act of parliament or a decree of the inclosure commissioners, but in Scotland the act of 1695, c . 38, made all commonties, except those belonging to the
See also:king or royal burghs, divisible, on the application of any having
See also:interest, by action in the court of session . By the Sheriff Courts (Scotland) Act 1877, § 8, the action for division of common property or commonty is competent in the sheriff court, when the subject in dispute does not exceed in value £5o by the
See also:year, or £i000 value .
Runrig lands, except when belonging to corporations, were made divisible by the act of 1695, c . 23 . A decree of division of commonty, common property, or runrig lands has the effect of a
See also:conveyance by the joint proprietors to the several participants (
See also:Conveyancing [Scotland] Act 1874, § 35) . In the
See also:United States, " it is presumed," says Chancellor Kent, (4
See also:Comm., lect. lxiv.), " that the English statutes of 31 & 32 Henry VIII. have been generally re-enacted and adopted, and probably with increased facilities for partition." In a large majority of the states, partition may be made by a
See also:summary method of petition to the courts of common law . In the other states the courts of
See also:equity have exclusive jurisdiction . As between heirs and devisees the
See also:pro-bate courts may in some states award partition . The various state
See also:laws with regard to partition will be found in Washburn, Real Property, bk. i. ch. xiii., § 7 .
PARTISAN, or PARTIZAN
PARTNERSHIP (earlier forms, partener, parcener, fro...
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