Can co-owners of a property in NSW force the sale of a property?

Nov 3, 2022 | Publication | 0 comments

Properties are often owned by a number of persons or entities as tenants in common.

It can arise that one or more owners wish to sell the property and others do not.

Under section 66G of the Conveyancing Act 1919, where a property is held in co-ownership the court may, on the application of any one or more of the co-owners, appoint trustees of the property to sell the property.

The Supreme Court of NSW deals with applications for appointment of trustees pursuant to section 66G of theConveyancing Act 1919.

The usual course is that the trustees’ costs are paid from the sale proceeds of the property.

The trustees effectively take the running on the sale process and appoint an agent and a solicitor/conveyancer.

To obtain advice regarding your position as a co-owner of property, please contact McAuley Lawyers on (02) 9633 1826 or emailreception@mcauleylawyers.com.au.

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