Legal Definitions - enitia pars

Enitia pars is a Latin term meaning "the share of the eldest." In English property law, it refers to the right of the eldest among joint heirs, known as coparceners, to have the first choice when they voluntarily divide inherited property among themselves. When multiple parcels of land or distinct portions of an estate are to be distributed, the eldest coparcener has the privilege of selecting their preferred share before the others.

• Example 1: Division of Inherited Land Parcels
  Imagine three sisters, Eleanor, Fiona, and Grace, who inherit their family's ancestral estate. The estate consists of three distinct properties: a charming cottage by the lake, a productive farmland, and a plot of undeveloped woodland. The sisters decide to divide these properties among themselves so each owns one outright.

  Under the principle of enitia pars, Eleanor, as the eldest sister, would have the right to choose which of the three properties she wants first. If she chooses the lake cottage, Fiona (the next eldest) would then choose between the farmland and the woodland, with Grace receiving the remaining property.

• Example 2: Partition of a Subdivided Estate
  A large, undivided family ranch, jointly owned by four cousins as coparceners, is to be formally partitioned into four smaller, equally sized plots for each cousin to own individually. Each plot has slightly different features, such as access to a stream, proximity to a main road, or a more scenic view.

  The eldest cousin, exercising their right of enitia pars, would get to select which of the four newly created plots they wish to take first. This allows them to secure the plot with the most desirable features, such as the stream access or the best view, before the other cousins make their choices in order of age.

• Example 3: Choosing from Distinct Portions of a Single Property
  Two brothers, Henry and Ian, inherit a large, undivided commercial building that has two distinct units: a street-level retail space and an upstairs office suite. They agree to divide the building so each brother owns one unit.

  By virtue of enitia pars, Henry, being the elder brother, would have the priority to choose which unit he wants. If the retail space is considered more valuable or generates higher rental income, Henry could select that portion, leaving the office suite for Ian.