Proprietary Estoppel And Licitation In Jersey Law

Briefing Summary: Where co-owners of jointly owned property cannot agree over the sale or division of indivisible land, the Royal Court of Jersey can order a sale en licitation (by public auction). The remedy stems from the legal principle that joint owners cannot be compelled to remain in co-ownership. This was the case in Burmingham v Le Hegarat [2025] JRC 012, in which it is believed to be the first time since 1972 that a licitation has been ordered. The decision also supports the position that proprietary estoppel forms part of Jersey law. 

What happened?

In January 2025, the Royal Court of Jersey ordered the sale en licitation (by public auction)of a property that was jointly inherited by four children as owners in common in indivisible shares following the death of their father in 2019. The property in question was a farmstead that the children's parents had bought in the seventies and worked as a potato farm. The order was sought by the three sisters, the plaintiffs, after