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The 189th General Court of the Commonwealth of Massachusetts

Section 36: Water rights; other incorporeal hereditaments; division

Section 36. Joint tenants or tenants in common of a mill privilege, water right, or other incorporeal hereditament may be compelled to divide the same in the manner hereinbefore provided for the division of land. The commissioners appointed to make partition shall set forth in their return the best method of setting off to the several parties their respective shares, and thereupon the court may make such orders and decrees as might be made in equity. If any one of the joint owners so requests, the court shall order a sale, provided that a sale is feasible.