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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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A piece of land is owned by 2 parties, A and B. They have a

Customer Question

A piece of land is owned by 2 parties, A and B. They have a 'right in common' to it according to deeds (a garden). Can party A demand it be split in two, without Party B consent?
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. Before either A or B can seek to divide the garden, they must first get a court order for Partition, which is a legal remedy. A cannot just go and divide it up himself. A must get an order of Partition at which B's assertions as to how the garden ought to be divided will be heard. However, the important point is that the garden can be divided if A so wishes. But he must get the aid of the court if B does not want the garden to be divided.