Right of Preference - After Sharing
Correio da Manhã Canada publishes the article "Right of Preference - After Sharing" in the 10/20 /2020 edition by Carlos Nunes, CEO of Fire Horse.
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Our reader M. Almeida, from Toronto, raised some questions, among which we highlight the following comment / question:
“(…) now he sold the land to his cousin (…) to build there, when, previously, it was our parents’ land. I called a lawyer to find out (…) I stayed out and, after all, I have rights. (…) Can I have a house right next to mine, there in Portugal?”
Thanking the question that you placed to this office, the relationship between the heirs of joint ownership through the succession of their parents, ends with the sharing and, in the case that is presented to us, it has already done the same, by public deed.
Prior to sharing, the sale of assets included in the inheritance requires the agreement of all heirs and if one, or several, of these heirs wants to sell their share, that is, the right to receive inheritance assets (or their cash equivalent) , the known vices), then there is a right of preference for the heirs in their acquisition. In order to be clear, it is different to sell an inheritance or to sell your right to the inherited share.
After the sharing, that is, when the heirs, by agreement or by judicial means, make up their share with assets and money, there is no established right of preference in the sale of those assets in the Law. As long as there was a hereditary communion, the heirs have the right of preference in the sale of assets of that inheritance, as well as in the sale of the respective shares to third parties. After sharing, no.
Regarding “having a house attached” to yours, this issue will have to be checked with the Municipality or the City Council, to verify compliance with the Municipal Master Plan (MMP).