Legal Definitions - parcener

A parcener is a legal term, largely historical, referring to one of several individuals who inherit land jointly. It is synonymous with coparcener.

This form of inheritance typically arose under historical common law, particularly when there were no male heirs to inherit an estate. In such cases, the property would be divided equally among all female heirs. Unlike some other forms of joint ownership, each parcener's share was considered distinct and could be passed on to their own heirs. The parceners held the property together until they decided to formally divide it, a process known as "partition."

• Example 1: Inheritance by Daughters

  Imagine a wealthy landowner in 17th-century England who dies without a will and has no sons, but three daughters: Eleanor, Mary, and Catherine. Under the laws of primogeniture (where the eldest son usually inherited everything), if there were a son, he would inherit the entire estate. However, in the absence of sons, the estate would be divided equally among the daughters. Eleanor, Mary, and Catherine would each become a parcener, jointly owning the inherited land until they chose to formally divide it.

• Example 2: Partition of Jointly Held Land

  Following the previous example, Eleanor, Mary, and Catherine, as parceners of their father's estate, might decide they no longer wish to hold the land jointly. Eleanor might want to sell her share, while Mary wants to farm a specific portion, and Catherine wants to build a house on another part. They would then initiate a "partition" action, a legal process to physically divide the land into three distinct parcels. Each sister would then receive sole ownership of her allocated portion. Before this partition, each was a parcener of the undivided whole.

• Example 3: Passing on an Undivided Share

  Consider the same three sisters, Eleanor, Mary, and Catherine, who are parceners of their inherited estate. Before any partition occurs, Eleanor passes away, leaving behind a daughter, Anne. Because a parcener's share is distinct and inheritable (unlike some other forms of joint tenancy where the share might automatically go to the other joint owners), Eleanor's undivided one-third share of the estate would pass to her daughter, Anne. Anne would then step into her mother's shoes and become a parcener alongside her aunts, Mary and Catherine, holding an undivided one-third interest in the property.