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Partition by Division: How to Physically Split Shared Land
Most people believe selling a property is the only way to end a joint ownership. While selling is the standard for suburban homes and commercial buildings, large plots, like a farm, are eligible for a Partition by Division.
This legal way is also known as Partition in Kind. This step involves a physical change to the property.
Instead of turning the asset into cash, the court redraws the map, creating two or more independent titles from one property.
Turning One Deed into Two
A partition by division is the literal form of a clean break. The owners do not quarrel over the value of a single property; instead, they hire surveyors to propose a fair method for physically dividing the land.
After the court approves the new boundaries, the previous joint deed is terminated, and individual deeds are issued to the new owners.
Once the partition is complete, you’re no longer co-owners but neighbors. You can fully exercise your rights to build, fence, or sell your part without getting a signature from your ex-partner.
Why Choose a Physical Split Over a Sale
Courts prefer this method because it allows people to retain their property. Usually, this is the best way out when you value the soil more than the cash you would receive from a sale. The following are some common reasons for choosing this:
- Agricultural Continuity: Giving each heir their own portion of the land by dividing the acreage so that the family farm continues to operate.
- Zoning Advantages: Making a large piece of land into smaller lots that can be sold for more than the price of the original large piece when sold together.
- Long-Term Strategy: One owner is ready to construct right away, while the other is holding his piece as an investment.
The Major Hurdle
One of the great hurdles is to prove that the division is equitable. The law relies on a principle known as “great prejudice,” meaning the division must not significantly reduce the overall value or usability of the land.
If the division of property will result in a total loss, for instance, in the case of a divided house or a lot without road access, the judge will rule against the division and will order a division by sale instead.
To prevail in a partition suit for division, one must consider more than only the area of land. The following factors must be taken into account:
- Does one side have all the flat land while the other is a steep hill?
- Where are the power lines, wells, and driveways located?
- If there is a pond or creek, how will that water be shared?
Handling the Map
A partition by division requires legal knowledge and map accuracy. It involves working with professionals and local planning boards to ensure the new lots are legal.
Professional guidance helps you move past the arguments and focus on the map, ensuring that when the case is over, you walk away with a piece of land that belongs to you.
Contact Partition Action Today to see if your land is eligible for division.
