Rule 1562.Property Not Capable of Proportionate Division. Award.
Adopted April 26, 1955 · Not amended since adoption · Last verified June 30, 2026
In one sentenceRule 1562 provides for awarding property that cannot be divided proportionately by allotting it equitably among the parties with owelty — cash payments to equalize unequal shares — subject to acceptance, refusal, and private sale among them.
Full Text of Rule 1562
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Subject to acceptance or refusal and private sale among the parties as hereinafter provided, property not capable of division under Rule 1560(a) but capable of division under Rule 1560(b) or (c), shall be awarded equitably among the parties with appropriate provisions for owelty. Sums payable as owelty shall be secured and paid in such manner and time as the court shall direct.
End
Plain-English Summary
Not all land divides into neat, equal shares. When property cannot be split proportionately but can still be divided, this rule has the court award it equitably among the parties and use owelty — balancing cash payments — to make up the difference where one party's purpart is worth more than its share. The award is subject to the parties' rights to accept, refuse, and buy among themselves before any public sale.
Frequently Asked Questions
What is owelty?
A cash payment used to equalize shares when divided parcels are not of equal value.
What happens when land cannot be divided into equal shares?
It is awarded equitably with owelty to balance the values, subject to acceptance, refusal, and private sale among the parties.
Official Note
Official Note: adopted April 26, 1955, effective November 1, 1955.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. This rule has not been amended since its adoption. Last verified June 30, 2026. ·
Official text
Also known as:oweltyequitable partition awardunequal division partition