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Land was passed to me and three siblings via a deed. I want…

Hi, land was passed...

Hi, land was passed to me and three siblings via a deed. I want to section out a portion of the land, but I am getting resistant from a sibling. what are my options?

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

No. Was having the land surveyed. In NC. Land is in a floodplain and water shed. Land is considered locked. 21 acres with an existing house. Surveyor suggested including the existing drive as part of the land I want and have an easement for the existing house. This is what the objection is.

Lawyer's Assistant: Have you talked to a NC lawyer about this?

No, but trying to find someone find.

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Answered in 3 minutes by:
3/21/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,171
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 30 days ago
Ok

I’m sorry to hear about your situation. There are only some limited options if co-owners don't agree. When it comes to co-ownership, conflicts often arise as to how the property should be used and maintained, who pays for taxes, who pays for repairs, how rent money is to be handled, or whether to sell the land. The law has developed to allow people to get court intervention if they can’t come to an agreement over the conflict. So, generally, a party may need to do what’s called a “partition lawsuit.” All this means is that a party is asking the court to make a decision because the co-owners cannot agree what to do with the land.

In a partition suit, this usually requires the party filing the petition to get a formal appraisal and file what’s called a “lis pendens” (a notice that there is a dispute regarding the land). This is in addition to the actual petition (request) with the court for the partition. The petitioner has to list the reasons why they want the partition in their documents.

Once the documents are filed and served, the defendant will be given the opportunity to file an Answer that sets forth the co-owner’s claim to the property in question, including any liens which must be described by date, character and amount owing, any facts that controvert the Plaintiff's allegations in the complaint, and any claims for contribution the defendant believes is owed.

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As a part of the suit, the court will appoint a referee to help resolve title issues. This means that someone may be involved to help determine ownership, whether there are any liens on the property, or even confirm that the property exists. The parties involved usually have to pay for this. Once those facts have been determined, if the court believes it is necessary, they will appoint a real estate agent to sell the land. The parties always have the chance to settle before this happens.

Generally, here is the order of distribution once the property is sold:

  1. Sale expenses

  2. Other costs (e.g. closing costs)

  3. Any liens on the property (mortgage liens, tax liens, judgment liens, etc.)

  4. The rest gets distributed to the owners consistent with how the court orders

So, those are probably your best options if they don't agree. My recommendation is to do what you can to get them to agree.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 30 days ago
Can I suggest my share of the property be bought out? The land has been in the family and I'm sure the rest do not want to sell.

Absolutely. One way many parties get out of these things is to have the other bought out. You may want to get a professional appraiser to figure out what the value of the land is and even if the other parties have to get a mortgage to buy you out, it could be a way for you to get fair market value and not have to deal with a partition suit.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 30 days ago
Do you have a nice way I could say this without appearing threatening?
Of course. One of the things that I would recommend saying is that you understand that they have an interest in keeping the property as it is, but you have an interest in getting some value out of the land, so instead of fighting about it, the cheapest and lowest faif option would be to just have you be bought out. I seen that work a bunch of times and it may working you your situation.
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Customer reply replied 30 days ago
Ok, Thank You for the Information
It is certainly my pleasure. Would you be okay providing you a 5-star rating today? I would sincerely ***** *****
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