What Is A Partition Action - Craigcherney.com

When one person wants to improve an area and the other party does not, a real estate lawyer can often help. When the differing interests mentioned above cannot be reconciled a partition action comes into play. it may divide the property into sections for each party so they can move forward with their plans.

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Real Estate Partitions

Courts often favor partition actions as peaceful ways to solve a dispute. The two kinds of partition are as follows:

Actual partition cuts specific interest in the case of jointly held land, dividing it among the owners. Although not always ideal, this is often a situation everyone can live with.
Licitation partition is when the property is sold completely when no agreement can be reached. However, it may be helpful, for example, if there was a building on the land that cannot be split.

Intentional Partition And Jurisdictional Partition

Partition actions are rarely anyone’s first choice. And when a party with a stake in a piece of land disagrees, the owners, may have to file a suit to compel the partition to take place. That being said it is still by far the best course of action to compromise and negotiate versus being compelled by a court to obey their decision. The court system will not resolve issues through negotiation with the parties. A lawyer will be required for the filing of statutes of limitations, public policy issues and delays.

Mediation And Lawyer Involvement With Partition Actions

Partition actions may be the best possible legal option. However, a lawyer may also be able to help provide advice as to the best way to proceed. That said, if compromise is no longer an option, a lawyer can ensure all the relevant rights and factors are taken into account for the situation.

Source: https://www.hg.org/legal-articles/what-is-a-partition-action-and-how-does-a-real-estate-lawyer-help-42021

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