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PARTAGE (PROCEDURE (P applies to Ct to see the Ct order:, (1) D to…
PARTAGE
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Separation, physical division & distribution of jointly owned land btw several co-owners or of a common inheritance btw co-heirs (usually of realty by intestate succession)
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'partage par avance de succession' made prior to death whose estate is to be divided e.g father before dies to provide inheritance to children to own 1 house each rather than 1/2s of 2 houses
Presumption P preferred to Licitation . In Zabiela where party wanted Lic. over P had to prove why that route preferred - which route then matter for Jurats
FEATURES
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Ordered if division feasible: considering geography & structure of the land, effect on value, lawful interests of other co-owners
rare, as combination of above factors rarely exists
DOCUMENTATION
Takes effect as 'deed of division' declaring lots between co-owners together with any new rights granted
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Deed of Division
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(8) Possession, Gtee & attestation; when enter into possession of lots & parties tee the validity of the P to one another
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