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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33905
Experience:  Began practicing law in 1992
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I am one of seven UDI owners of a small piece of land in Tx.

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I am one of seven UDI owners of a small piece of land in Tx. which has been previously platted and surveyed. We desire to divide the land according to each owners interest but do not agree on who will get which parcel, as some parcels are more desirable than others. Without going to court, would a four to three majority vote be binding or would one of the dissenting parties be able to appeal or just not sign off on it thereby nullifying any division? In other words do all affected parties have to sign off on any division or go to court?

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

No, a vote on it, majority or otherwise, isn't binding and won't actually do anything. The only way to divide the property is by agreement with everybody signing off or by filing a partition suit in the court and having the judge issue an oder.

Dwayne B. :


Dwayne B. :

You can also go to mediation and try to resolve it or go to arbitration, but those are only binding if every one agrees to go. A mediation is essentially where all parties sit down with a neutral mediator and try to work out an agreement. An arbitration is like a mini-trial and if everyone agrees the decision of the arbitrator (like a judge) is binding and can be enforced through court.

Dwayne B. :

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