Publication

Consultation Paper on the Partition of Property Act

Published: 2011-06-28 00:00:00
Paper Number:
Project: Real Property Reform Project Phase 2 (2012)

When one or more co-owners of land want to sell or divide the land and the other co-owners oppose it, the stalemate may be broken by recourse to the remedies of partition of the land proportionally in accordance with the size of the co-owners’ interests, or sale of the land in lieu of partition. In British Columbia, the remedy of sale is governed by the Partition of Property Act.  The remedy of partition is governed by the Act only in part.

Co-owners now have a presumptive right to partition and sale.  The remedies can only be refused if justice requires it.  If the eligible class of applicants is expanded to include mortgagees and judgment creditors, the question arises whether they too should be presumptively entitled to partition or sale on application, or whether the remedies should be discretionary in their case.  The consultation paper does not take a stance on this question, and instead asks the question for purposes of consultation.  Readers are invited to make their views known on that point as well as on the tentative recommendations themselves.

Click here to download this consultative document in Adobe Acrobat (PDF) format.

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We are interested in your response to this consultation paper.  The tentative recommendations are those of the Project Committee and have not yet been formally adopted by the Board of Directors of the British Columbia Law Institute.  The tentative recommendations in this consultation paper may be subject to revision following consideration of responses received.

 

How to Respond

Responses can be sent to us in one of three ways

by mail:

British Columbia Law Institute
1822 East Mall
University of British Columbia
Vancouver, BC   V6T 1Z1

Attention: Gregory G. Blue, Q.C.

by fax: (604) 822-0144

by e-mail: gblue@bcli.org

Please forward your response before  1 September 2011.

Your response will be used in connection with the Real Property Reform Project.  It may also be used as part of future law reform work by the British Columbia Law Institute or its internal divisions. All responses will be treated as public documents, unless you expressly state in the body of your response that it is confidential. Respondents may be identified by name in the final report for the project, unless they expressly advise us to keep their names confidential. Any personal information that you send to us as part of your response will be dealt with in accordance with our privacy policy. Copies of our privacy policy may be downloaded from our website here.

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