Paper Number: 68
Project: Real Property Reform Project Phase 2
Sector: Property Law
Partition and sale in lieu of partition are remedies available to a co-owner of land who wishes to end the co-ownership without the consent of other co-owners. In British Columbia these remedies are partly governed by the Partition of Property Act. Much of the Act consists of procedural provisions that are now covered by modern rules of court, and other portions of the Act cannot be applied without referring to the law as it existed before 1868. The reforms recommended in this report would clarify aspects of the law of partition and sale that are now obscure and provide a contemporary legislative framework for these important remedies.
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