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Either of the individuals may also convey their interest without the consent of the other, thereby breaking the “joint” tenancy. In this case, the existing owner will hold title as a tenant in common with the new ownet.
Subsequent to registration cases are legal proceedings. They modify, add, or update registered land records due to changes in the land's title or ownership. They are also known as “SBQ Cases,” “Subsequent Cases,” or “S-Cases.”
The actual time it takes from when a partition case is filed to when the land is partitioned physically, by sale, or by set-off varies from case to case. In general, partition cases can take several months or even years to resolve.
To initiate a partition action in Pennsylvania, a co-owner must file a partition complaint at the Court of Common Pleas. The Complaint will set forth the property description, the names and addresses of the co-owners, and their interest in the property.
To initiate a petition to partition, one or more co-owners must file a petition with the court that has jurisdiction over the property. The petition must include a description of the property, the names of all co-owners, and a statement of the nature of the disagreement or dispute between the co-owners.
A partition action is a lawsuit in which a court determines whether a property with two or more owners is to be partitioned or sold. When two or more owners cannot agree on the disposition of the property in question, any of the owners can file a partition action in the appropriate court.