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Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
Satisfied Customers: 2446
Experience:  Knowledgable and Experienced Attorney
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I own 2.5 acres. I rent out part of that 2.5 acres (about

Customer Question

I own 2.5 acres. I rent out part of that 2.5 acres (about 1/2 acre) to an organization that I used to be a part of. They pay $1.00 per year rent.
A few years ago serious issues developed between them and me and it has gone from bad to worse.
It has become obvious that we cannot occupy the same property----too much tension and bad feelings.
Neither side is willing to be "bought out" by the other side, it seems. Tensions continue.
On Friday, their lawyer called me and said that if I did not sell out to them, he was going to start a partition action and his client would end up with my land that way.
I felt this was a threat and did not appreciate it.
Question is: I read that a partition action is used between co-owners. The organization just rents my property---they do not own it.
However, they argue that the organization's money built the 2 buildings on my property and that those buildings belong to them. It is true that the organization's money did build the buildings---on my land about 8 years ago.
But does that fact alone----that they may/may not legally own the buildings----mean that they could demand a partition action and get land that they have never owned (my land) that way? Would any judge in this state allow that to happen?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 6 months ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

This is quite a situation. I'm happy to say, you hold all the cards. You are correct in that a partition action can only be brought by a co-owner. Since this organization simply leased the land from you, it has no standing to bring a partition action. The land is yours, and that is that.

As for ownership of the two buildings, I have more good news. Unless otherwise in writing, when a tenant affixes anything to leased land, it immediately becomes the property of the landowner. A fixture is anything that cannot readily be picked up and moved, and buildings certainly qualify. All parts of each structure are yours, though things like desks and shelving not permanently affixed to the building belongs to the tenant. That is the law.

I hope this helps. If you need additional information or clarification, just let me know and I'll continue to provide assistance. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide.

Good luck!

Best,

Attorney 1