Thursday, August 11, 2022

Manitoba Law Reform Commission Report on the Law of Partition and Sale

The Manitoba Law Reform Commission Report has published a report on The Law of Partition and Sale:

"Partition refers to the act of physically dividing the land between co-owners resulting in each owner owning a portion of the land outright. An order of sale requires that the co-owned land be sold and the proceeds of the sale be divided among the former co-owners (...)"

"Among other recommendations, the Commission recommends that the statute should broadly define the class of persons who may bring an application for partition or sale as joint tenants and tenants in common of an estate or interest in land but should exclude from the class certain co-owners. It is also recommended that the relevant sections of the Act be amended to expressly apply to estates and interests that are solely legal or equitable as well as to estates and interests that are both legal and equitable in nature. Additionally, the statutory law should provide clearer guidance on the information required in a notice of application for partition and sale and should be amended to reflect the societal shift resulting in a preference for orders of sale over partition. Finally, the Commission recommends that the terminology used in the Act should be modernized."

In compiling its report, the Commission examined the relevant laws of other provinces such as British Columbia, Alberta, Ontario, New Brunswick, PEI and Newfoundland.

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posted by Michel-Adrien at 9:20 pm


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