Partition in kind definition

Partition in kind means the division of heirs property into physically distinct and separately titled parcels.
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Partition in kind means the division of heirs
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Partition in kind means the division of heirs property into
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Examples of Partition in kind in a sentence

  • Partition in kind is the default unless the parties stipulate to a sale, prove a physical division cannot be fairly done or is impracticable.

  • Partition in kind is required only where neither condition exists.” Glenn v.

  • Partition in kind of the Property owned by Plaintiff and Defendants cannot be made without great prejudice to Plaintiff and Defendants and an order of sale of the Property, subject to the Deed of Trust described in paragraph 3 above, should be made without the appointment of commissioners.

  • Partition in kind will never be allowed when a house is involved – duh.

  • Enamel samples, in the mass range0.9 to 2.0 mg, were analysed isotopically for δ13C and δ18O at the Department of Earth Sciences, University of Oxford, using a Thermo Delta V Advantage gas source mass spectrometer, fittedwith a Gas Bench II peripheral.

  • Partition in kind does not operate as a conveyance, but is simply distribution of interest in land between the persons who are part owners; Gilbreath vs.

  • For implementation purposes, 4 stocks were chosen: Apple(AAPL), Ama- zon(AMZN), Google(GOOG) and Microsoft(MSFT).

  • In Kind: physically divide the land among tenantsBy Sale: sell the land and divide the proceeds among the tenantsIn Kind (MAJORITY) Traditional- Partition in kind is favored b/c it is the fairest methodRationale: Partition by sale could force someone to leave their property, limiting, or destroying one’s right to possession and alienate “sticks”.POLICY: Partition in kind is favored over by sale.

  • Partition in kind shall take place after experts have been consulted as to the method of partition.Article 620.

  • Partition in kind is the preferred method of partitioning property in Mississippi.


More Definitions of Partition in kind

Partition in kind means the division of heirs property into physically distinct and
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Partition in kind means a court-ordered division of property subject to partition into physically distinct and separately titled parcels.
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Partition in kind means the division of heir property into physically distinct
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Partition in kind means a court-ordered division of property subject to partition into physically distinct and separately titled parcels.” Iowa Code § 651.1(8). “‘Partition by sale’ means a court-ordered sale of property subject to partition.” Id.
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Partition in kind means the division of heir property into
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Related to Partition in kind

  • Partition means either an act of partitioning land or an area or tract of land partitioned.

  • Construction-in-Process means cash expenditures for land and improvements (including indirect costs internally allocated and development costs) determined in accordance with GAAP for all Properties that are under development or will commence development within twelve months from any date of determination.

  • Common Area means all areas and facilities within the Project that are not designated by Landlord for the exclusive use of Tenant or any other lessee or other occupant of the Project, including the parking areas, access and perimeter roads, pedestrian sidewalks, landscaped areas, trash enclosures, recreation areas and the like.

  • Admitted assets means the amount thereof as of the last day of the most recently concluded annual statement year, computed in accordance with rule 191—5.6(505,515,520).

  • Unimproved Land means land on which no development (other than improvements that are not material and are temporary in nature) has occurred.

  • Structural member means any load-supporting member of a facility, such as beams and load-supporting walls, or any nonload-supporting member, such as ceilings and nonload-supporting walls.

  • Permitted Assets means any and all properties or assets that are used or useful in a Permitted Business (including Capital Stock in a Person that is a Restricted Subsidiary and Capital Stock in a Person whose primary business is a Permitted Business that shall become a Restricted Subsidiary immediately upon the acquisition of such Capital Stock by the Issuer or by a Restricted Subsidiary, but excluding any other securities).

  • Company Property means any and all property, both real and personal, tangible and intangible, whether contributed or otherwise acquired, owned by the Company.

  • Carpet Area means the net usable floor, area of an Flat/Apartment, excluding the area covered by the external walls, areas under services shafts, excluding balcony or verandah area and exclusive open terrace, but includes the area covered by the internal partition walls of the flat/apartment;

  • Leased Personal Property shall have the meaning given such term in Section 2.1(e).

  • Total Unencumbered Assets means the sum of (i) those Undepreciated Real Estate Assets not subject to an Encumbrance for borrowed money and (ii) all other assets of the Issuer and its Subsidiaries not subject to an Encumbrance for borrowed money, determined in accordance with GAAP (but excluding accounts receivable and intangibles).

  • Owned Real Property has the meaning set forth in Section 4.10(a).

  • Unencumbered Assets means assets which are not subject to a Security Interest.

  • railway property means any railway belonging to Network Rail and—

  • Leasehold Improvements means all buildings, structures, improvements and fixtures located on any Leased Real Property which are owned by Company or any Company Subsidiary, regardless of whether title to such buildings, structures, improvements or fixtures are subject to reversion to the landlord or other third party upon the expiration or termination of the lease for such Leased Real Property.

  • Unencumbered Asset means any Project which as of any date of determination, (a) is not subject to any Liens other than Permitted Liens set forth in Sections 9.5(i) through 9.5(v), (b) is not subject to any agreement (including any agreement governing Indebtedness incurred in order to finance or refinance the acquisition of such asset) which prohibits or limits the ability of the Borrower, or its Wholly-Owned Subsidiaries, as the case may be, to create, incur, assume or suffer to exist any Lien upon any assets or Capital Stock of the Borrower, or any of its Wholly-Owned Subsidiaries other than a Permitted Negative Pledge, (c) is not subject to any agreement (including any agreement governing Indebtedness incurred in order to finance or refinance the acquisition of such asset) which entitles any Person to the benefit of any Lien (but not subject to any Liens other than Permitted Liens set forth in Sections 9.5(i) through 9.5(v)) on any assets or Capital Stock of the Borrower or any of its Wholly-Owned Subsidiaries or would entitle any Person to the benefit of any Lien (but excluding the Permitted Liens set forth in Sections 9.5(i) through 9.5(v)) on such assets or Capital Stock upon the occurrence of any contingency (including, except in the case of a Material Credit Facility, pursuant to an “equal and ratable” clause), (d) is not the subject of any material architectural/engineering issue, as evidenced by a certification of the Borrower, and (e) is materially compliant with the representations and warranties in Article VI below. Notwithstanding the foregoing, if any Project is a “Superfund” site under federal law or a site identified in writing by the jurisdiction in which such Project is located as having significant environmental contamination under applicable state law, the Borrower shall so advise the Lenders in writing and the Required Lenders shall have the right to request from the Borrower a current detailed environmental assessment (or one which is not more than two years old for Unencumbered Assets owned as of the Agreement Execution Date), and, if applicable, a written estimate of any remediation costs from a recognized environmental contractor and to exclude any such Project from Unencumbered Assets at their election. No Project of a Wholly-Owned Subsidiary shall be deemed to be unencumbered unless such Project and all Capital Stock of such Wholly-Owned Subsidiary or any other intervening Wholly-Owned Subsidiary between the Borrower and such Wholly-Owned Subsidiary is unencumbered and neither such Wholly-Owned Subsidiary nor any other intervening Wholly-Owned Subsidiary between the Borrower and such Wholly-Owned Subsidiary has any Indebtedness for borrowed money (other than Indebtedness due to the Borrower).