Rulings of Pre-emption

**Nine Rulings:** **1. Notification Required:** A partner may not sell his share until he notifies and offers it to his partner. If he sells without notification, the partner is more entitled to it. **2. Limited to Real Estate:** Pre-emption is not established for anything other than land and real estate - not for movables like goods, animals, etc. **3. Legal Right:** Pre-emption is a legal right that may not be circumvented to nullify it - because it was legislated to ward off harm from the partner. **4. Proportional to Shares:** Pre-emption is established for partners according to their ownership shares. Whoever has pre-emption right takes it for the price it was sold for, whether that price is low or high. **5. Sale Requirement:** Pre-emption is established when the partner's share is transferred through outright sale or its equivalent. No pre-emption in what is transferred from the partner's ownership by other than sale - like gift without compensation, inheritance, bequest. **6. Divisible Property:** The real estate transferred by sale must be divisible. No pre-emption in what cannot be divided - like a small bathhouse, well, or pathway. **7. Immediate Claim:** Pre-emption is established by demanding it immediately upon learning of the sale. If he does not demand at the time of sale, it lapses - unless he did not know, in which case he retains his right. Also if he delays his demand for an excuse, like ignorance of the ruling or other excuses. **8. Location:** Pre-emption applies to undivided, unbounded land and what is in it of plantings and buildings is secondary. If it is divided but some shared facilities remain between neighbors like pathways and water, pre-emption remains according to the more correct scholarly opinion. **9. Complete Purchase:** The pre-emptor must take all of what was sold - he cannot take part and leave part, to ward off harm from the buyer.