Legal Guidance In Petition For Partition Cases
It is not uncommon for a piece of property to be jointly owned by two people or numerous individuals. In many cases, there are no issues for many years. However, when the owners are in dispute over what should be done with the property, an experienced land use and real estate litigation attorney should become involved.
At Jeffrey T. Angley, P.C., our attorneys are highly skilled in litigation matters involving property disputes. We are a premier Massachusetts law firm with lawyers who can use a variety of methods to resolve these matters, including petitions for partition. This is a way for one owner to force the court to divide the property or force the sale of the co-owned land.
What Is A Petition For Partition?
A petition for partition is a legal process used to divide real estate when multiple owners can’t agree on what to do with the property. This often occurs when people inherit property together or when co-owners of a property have conflicting goals. If you and your co-owners disagree on whether to sell, develop or continue to co-own a property, filing a petition for partition with the court may be the solution. Our lawyers can help you understand your rights and options, guide you through the legal process and work to achieve a fair resolution. They will aim to protect your interests and help you move forward.
Partitioning Vacant Land
When the land is vacant, our attorneys can assist you with negotiations between co-owners to divide the land into parcels. There are a number of reasons co-owners may want to divide vacant land, including the following:
- To sell a portion of it
- To develop it
- To resolve disputes among co-owners
- To gift a portion to family members
- For estate planning purposes
An experienced real estate attorney can help you with the process and ensure that your interests are protected. Our lawyers understand the complexities involved in partitioning land, and they work to achieve fair and equitable outcomes for all parties involved. They will guide you through each step, from initial negotiations to the final division of the property.
Moving Forward With A Petition For Partition
When first approaching a property dispute, our attorneys will attempt to negotiate with the other parties to see if the matter can be settled out of court. If it cannot, they can file the petition for partition. After the filing, all owners will be served with notice of the action. Other interested parties, such as the lender who holds the mortgage or a lien holder, may also be notified.
All parties typically retain their own legal counsel, so the process can become complicated quite quickly. However, the court will proceed, appointing an impartial attorney to serve as the commissioner in the case. This person will be responsible for the sale of the property, either with or without the help of a realtor. Once the property is sold, the profits from the sale will be distributed to the owners of the property.
In some cases, the land may be divided before the sale by the petition. Then, each owner can do as they want with the property. However, this is an unusual scenario because it is difficult to get all the parties to agree that this is the best way to handle the division.
What Happens If You Don’t Know Who Owns The Land?
Sometimes, ownership of a property has been passed down through generations without a clear record, or previous owners might be otherwise difficult to trace. Not knowing who owns the land can present a challenge when pursuing a petition to partition property. In order to partition a property, Massachusetts law states that you must make a reasonable effort to identify and locate all owners of the property.
At the law firm of Phillips & Angley, our lawyers can conduct thorough title searches, examine historical records and use other investigative methods to find these missing owners. This will ensure that all parties with legitimate interests in the property will be included in the partition process, preventing potential legal challenges down the road.
Tailored Representation From Insightful Lawyers
Having handled numerous types of real estate disputes throughout their years of practice, our attorneys can personalize their approach to your petition for partition case. Our real estate lawyers will work tirelessly to ensure that your rights are protected and that your legal goals are achieved whenever possible.
Consult An Experienced Lawyer About Your Petition For Partition
For more information or to further discuss a petition for partition matter or other property litigation issue, call us and schedule a consultation today. We can be reached by phone at 866-675-2109 or through our online contact form. Remote consultation options are available.