What is the current position in American jurisdiction on property partition?
Manitoba, Canada
The following excerpt is from Chupryk (Re), 1980 CanLII 2482 (MB CA):
In 68 C.J.S. 42, para. 29, the general position in American jurisdiction is said to be: All estates in possession held in cotenancy are subject to partition ... In the absence of statute providing otherwise only an estate in possession is subject to partition ... And see Washburn on Real Property, 6th ed. p. 573; for an early example of a direction for a sale of property at the instigation of one who held an estate in remainder, see Blakely v. Colder (1857) 15 N.Y. 617.
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