A Partition Deed describes an act to divide up a concurrent estate into separate portions representing the corresponding interests of the owners of the property. In some cases, the parties agree to a specific division of the land; if they are unable to do so, the court will determine a proper division. A sole owner, or several owners, of a piece of land, may partition their land by arriving a deed poll.
There are three kinds of partition which can be allocated by the court: partition in kind, partition by allotment, and partition by sale.
●A partition in kind is a distribution of the property itself among the co-owners. Partition in kind is a default method of property partition.
●In a partition by allotment, which is not available in all authority, the court awards full ownership of the land to a single owner or subset of owners and orders them to pay the person or persons divested of ownership for the interest awarded.
●Partition by sale establishes a forced sale of the land, followed by division of the profits thus realized among the tenants. Generally, the court is supposed to order a partition sale only if the land cannot be physically divided, although this determination often rests on whether the economic value of the divided pieces is less in the aggregate than the value of the parcel as a single piece.