This deed of partition divides a property equally among heirs. Waiver of Right to Partition.A waiver must be approved when a project proposes to waive or modify site code requirements. The county can approve a waiver or variation. Deemed to affect a waiver of the Owner's sovereign immunity under law. In simpler cases, a court may find that there was an express waiver, which is an easier waiver to show. A partition agreement may be an express statement that the right to partition is waived.