Written by attorneys · grounded in primary & secondary sources — see below
A judicially compelled transfer of property in which the owner must relinquish title under court order. The sale commonly occurs when co-tenants seek partition and physical division of the land is impracticable because of the property's physical features or external legal constraints such as zoning rules that render separate parcels unusable. The proceeds are then divided among the owners according to their interests.
Sources & Authorities
How it applies
Common Examples
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Co-Tenants Face Zoning Barrier
Finn Fletcher and Frederick Ferguson own a 600-acre farm as joint tenants. The sole irrigation well serves the entire parcel and water-district rules prohibit new wells or severance of water rights. Finn sues for partition and proposes dividing the land into three parcels with shared-well easements. The court finds that any physical split would leave parcels without legally usable water rights and therefore orders a judicial sale of the entire farm with division of the proceeds.
Conversion Judgment Forces Transfer
Frank Fisher owns a racehorse that his trainer gives to Floyd Franklin to settle a debt. Frank sues Floyd for conversion and recovers the horse's full value plus punitive damages. Once Floyd satisfies the judgment, title passes to him as though he had purchased the horse at a judicially compelled sale.
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Cases
Statutes
Uniform Acts
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Casebooks
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Dictionaries
Baram v. Farugia606 F.2d 42 (3d Cir.1979)
Common questions
Frequently Asked
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When will a court order partition by sale instead of partition in kind?+
A court orders partition by sale when physical division would be unfair or impracticable. Physical characteristics of the land or external legal constraints such as zoning rules that render separate parcels unusable justify the sale remedy.
Supporting sources
Does payment of a conversion judgment operate as a forced sale?+
Yes. When a converter satisfies a judgment for the full value of the chattel, title passes to the converter as though the action had compelled a sale of the property.
Supporting sources
Why do foreclosure sales often produce below-market prices?+
Foreclosure sales occur under strict time and procedural constraints that depress value. Credit bidding by the lender, limited notice, and uncertainty about marketable title further reduce bids from third parties.
Supporting sources
478 S.W.3d 649 (Tex. 2016)Torts
…effect was, therefore, that the defendant “was compelled, because of his wrongful appropriation, to buy the chattel at a forced sale, of which the action of trover was the judicial instrument.” Thus, when some courts suggest that trover was the foundation for the early prohibition of loss-of-use damages in…
Real PropertyRights in real property · Zoning (fundamentals other than regulatory taking)UBEFoundational