Fallaize v Fallaize [1996] JLR 261 (22 July 1996)

Fallaize v Fallaize [1996] JLR 261 (22 July 1996)

Licitation for termination of co-ownership must be conducted by public auction to ensure protection of co-owner's interests.

Citation
[1996] JLR 261
Parties
Applicant: Fallaize; Respondent: Fallaize
Jurisdiction
Jersey
Judgment Date
22 July 1996
Procedural Posture
Civil / Judgment
Outcome
Application for sale by private treaty refused; licitation to proceed by public auction.
Legal Topics
Co Ownership, Termination of Co Ownership, Licitation, Public Auction
Land Law Co Ownership Termination of Co Ownership Licitation Public Auction

Case Brief

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Parties

Fallaize

Applicant

Fallaize

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether termination of co-ownership (ownership en indivis) requires licitation by public auction rather than sale by private treaty

Ratio Decidendi

Licitation for termination of co-ownership must be conducted by public auction to ensure protection of co-owner's interests.

Court Disposition

Application for sale by private treaty refused; licitation to proceed by public auction.

Orders

  • Termination of co-ownership to be effected by public auction