More than one person may own a property, whether through inheritance or joint purchase. Where the co-owners cannot agree on how the property is to be used or divided, an action for dissolution of co-ownership may be brought. Any co-owner may bring the action, and it is directed against all co-owners.
The court first examines whether the property can be physically divided. If the property can be divided among the co-owners in accordance with zoning legislation and its actual condition, that route is preferred. Where physical division is not possible, the court orders the sale of the property; the sale is conducted by the enforcement office at public auction and the proceeds are distributed in proportion to the shares.
The point to note here is that the price achieved at auction is often below the open market value. For that reason, attempting to reach agreement among the co-owners before proceedings are commenced usually produces a better result.
Agricultural land is subject to additional statutory limits on divisibility. Since land cannot be divided below a certain size, physical division is often not possible for such properties.
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