Barry M. Klayman and Mark E. Felger Waiver of Partition Right Held Unenforceable Where Unlimited in Duration
The dispute involved 140 acres of farmland near Milton, Delaware. Two siblings had acquired the property from their parents by gift and purchase. In a written co-ownership agreement, they agreed to waive any right that they may have to seek partition of the property without the prior written consent of the other.
November 04, 2020 at 09:01 AM
6 minute read
In Lowry v. Irish, 2020 Del. Ch. LEXIS 290 (Del. Ch. Sept. 18, 2020), Vice Chancellor Sam Glasscock considered the validity of a contractual waiver of the right to partition an estate in real property. On a motion for judgment on the pleadings, he held that the purported waiver was invalid because it was an unreasonable restraint on alienation.
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