Partition,property
Will partition remedy be available to holders of future interests?
Is the partition remedy available to holders of future interests?
By  Rishabh Kumar  |  26 May 2016  |  Upvotes: 0  | 

1 Answer(s)

Harshit Bhurani
Advocate

A future interest in real property will arise sometime in the future as for example, after the death of a life tenant or upon the distribution of the property from a trust that will occur upon the happening of some future event. As a matter of law, the partition remedy is available to the holder of a future interest, but there are many practical impediments the most important of which is the valuation of the future interest. A court hearing a partition action is acting in equity and hence has broad discretion whether to impose the partition remedy. However, as a general rule, holders of future interests will not be successful in obtaining the partition remedy.

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