Do co-owners of a property have a prima facie right to partition and sell the property?
British Columbia, Canada
The following excerpt is from Sherk v. Smith, 2007 BCSC 1309 (CanLII):
It is common ground that co-owners of an interest in land have a prima facie right to partition and sale under the Act: see Bradwell v. Scott (2000), 81 B.C.L.R. (3d) 210, 2000 BCCA 576 at ¶29 and ¶39. The parties agree that if the Act is held to apply, partition should be refused only if the court concludes that justice so requires: Bradwell v. Scott at ¶43-45.
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