Examples of Partition by sale in a sentence
In Kind: physically divide the land among tenantsBy Sale: sell the land and divide the proceeds among the tenantsIn Kind (MAJORITY) Traditional- Partition in kind is favored b/c it is the fairest methodRationale: Partition by sale could force someone to leave their property, limiting, or destroying one’s right to possession and alienate “sticks”.POLICY: Partition in kind is favored over by sale.
Some examples are:• Land consolidation options for landowners,• Partition by sale of Indian lands,• Continuation and expansion of the federal "buy back" program, and• Greater flexibility for landowners to consolidate and acquire interests during the probate process.
Partition by sale is favored over partition in-kind and the burden is on the party requesting partition in-kind to show that partition in-kind is equitable and practicable.
Partition by sale ROFR or buy-out right granted to tenants in common if a co- tenant seeks.