Land Partitions

Joint owners of real property do not always see eye to eye. When co-owners cannot agree on whether to sell the property or how to divide or use the property, one of the parties can file a special proceeding asking the court to partition the land. In North Carolina, the court must order an actual division if the property can be divided without causing substantial injury to any of the parties. Otherwise, the court will order a partition by sale.

If the property can be divided, the Clerk must appoint three disinterested commissioners to divide the land. The commissioners must inspect the property and apportion the property into shares proportionate in value as nearly as possible to the cotenants' interests in the property. Once the land is divided, each person owns their tract individually, as an undivided interest. If the characteristics of the property make an in-kind division infeasible or unfair, the clerk of court will order a partition by sale.  Partitions by sale are most often used for residences. The clerk appoints a commissioner to oversee a private or public sale of the property. 

We have handled partition proceedings in multiple counties throughout eastern North Carolina. We have also helped clients negotiate resolutions that did not require a partition. If you find yourself in this position, we can help you evaluate your options.