When Co-Owners Can’t Agree: The Power of Section 66G
Breaking up is hard to do – especially when it comes to co-owned property. Whether you’re dealing with an inherited property shared with siblings, or a soured investment partnership, Section 66G of the Conveyancing Act might be your escape route.
What is Section 66G?
Section 66G is the legal equivalent of pulling the emergency brake on a deadlocked property situation. It allows the Supreme Court to appoint trustees to sell or partition a property when co-owners can’t reach an agreement. Think of it as the nuclear option for property disputes – powerful, but not to be used lightly.
When Can You Use It?
The short answer? When communication breaks down completely. The longer answer: Section 66G comes into play when:
- Co-owners can’t agree on selling the property
- One party refuses to engage in the sale process
- Disagreements about price or timing become insurmountable
- Personal conflicts prevent rational decision-making
The Process: What to Expect
- A co-owner files an application with the Supreme Court
- The Court appoints independent trustees (usually experienced real estate lawyers)
- Trustees take control of the property and manage the sale process
- The property is marketed and sold at market value
- Proceeds are distributed among co-owners after costs
The Hard Truth
Here’s what many don’t realize: Section 66G applications are rarely refused. The Court’s view is simple – if you can’t agree, you can’t co-own. While it might seem harsh, it’s designed to prevent properties from being trapped in ownership limbo.
The Bottom Line
Section 66G is a powerful tool, but it comes at a cost. Legal fees, trustee fees, and selling expenses can eat into your returns. However, when faced with an immovable co-owner, it might be your only path forward.
Remember: The mere threat of a 66G application often brings reluctant parties to the negotiating table. Sometimes, the best solution is the one that prevents you from needing Section 66G in the first place.