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ARTICLE · 31 MARCH 2016

Agricultural Law NetLetter - Monday, March 21, 2016

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The Saskatchewan Court of Appeal has reviewed the Saskatchewan law regarding the partition of jointly owned land in a case in which two brothers held joint ownership of 10 quarter sections of farmland.

CanadaReal Estate and Construction

HIGHLIGHTS

* The Saskatchewan Court of Appeal has reviewed the Saskatchewan law regarding the partition of jointly owned land in a case in which two brothers held joint ownership of 10 quarter sections of farmland. In Saskatchewan the partition of land is governed by old English statute law - The Partition Act, 1539; The Partition Act 1540 and The Partition Act, 1868. These partition statutes provide that a single co-tenant of land may apply to Court to have land partitioned as of right between or among them or sold unless there is a good reason not to order a sale. The Court of Appeal upheld the decision of a Chambers Judge who awarded 6 quarter sections to one brother and 4 quarter sections to the other brother and concluded that there were no grounds to interfere with the Judge's decision with respect to which brother got the home quarter. The Court did not comment on the Chambers Judge's conclusion that he had no authority under the Partition Acts to divide the

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