How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Law
Satisfied Customers: 10973
Experience:  Barrister 17 years experience
Type Your Law Question Here...
Buachaill is online now

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: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 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.