Rule 1563.Property Not Capable of Division Without Prejudice. Sale. Objections.
Adopted April 26, 1955 · Not amended since adoption · Last verified June 30, 2026
In one sentenceRule 1563 directs that property which cannot be divided without spoiling the whole be offered for private sale confined to the parties, and addresses objections and the role of defendants owning a majority in value.
Full Text of Rule 1563
(a) Except as otherwise provided in Subdivision (b), property not capable of division without prejudice to or spoiling the whole shall be offered for private sale confined to the parties.
(b) Parties defendant owning a majority in value of the property may object in writing to any sale, requesting that the property be awarded to them at its valuation fixed by the court and that their interests in the same remain undivided. Upon such request the entire property shall be awarded to the parties objecting to sale, as tenants in common, subject to payment to the parties desiring partition and sale of the amounts of their respective interests based upon the valuation. The amounts due the parties shall be charged as liens upon the property, to be paid in such manner and time as the court shall direct.
End
Plain-English Summary
When co-owned land cannot be split without harming its value, the next step is a sale. This rule has the property offered first at a private sale confined to the parties — the co-owners bid among themselves — and gives parties owning a majority in value a say in how it proceeds. It also sets how objections to the sale are handled.
Frequently Asked Questions
What happens when partition property cannot be divided?
It is offered for private sale confined to the parties before any sale to outsiders.
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: partition saleprivate sale confined to partiesproperty not capable of division