Partition disputes occur when two or more people disagree over their respective property rights or the management of a property they co-own. Co-owners may seek partition to exit from a property or split the land to go their separate ways. Neighbors may have boundary disputes over the correct position of the dividing line between their parcels. Boundary disputes may arise due to unclear property lines, while partition disputes may result from disagreements concerning jointly inherited land, or souring business relationships between co-owners.
While such disputes can be both frustrating and contentious, fortunately, property owners have options for resolving partition and boundary disputes efficiently while obtaining fair results for their respective interests. An experienced real estate lawyer from Kohan Law Group can assist you with obtaining a favorable outcome to your dispute. Contact us today for a case evaluation to learn more.
What Is a Partition Dispute?
A partition dispute or action arises when the joint owners of a piece of real estate ask the court to end the joint tenancy or tenancy in common and divide the property or its value among them. Partition actions come in two forms:
- Partition in kind: In a partition in kind action, the court will physically divide a parcel of property among its co-owners in proportion to each owner’s share of the property as determined by the court. For example, suppose three people own equal shares of a three-acre property; a partition in kind will result in each individual receiving a one-acre parcel from the property.
- Partition by sale: A partition by sale asks the court to order the sale of a property and divide the sale proceeds among the property’s co-owners in proportion to their interests in the property as determined by the court.
Partition actions are more frequently involved in partitions by sale, although a court may grant a partition in kind if it can feasibly divide the property into usable parcels.
Some of the most common scenarios where parties might pursue a partition action include:
- Disputes among siblings or co-heirs/beneficiaries after inheriting a property
- Business partners or co-investors who reach an impasse in a joint real estate development deal
- Divorcing couples who wish to divide real estate assets
What Is a Boundary Dispute?
A boundary dispute may arise when neighboring property owners disagree over the correct position of their property line. Neighbors may get into boundary disputes when one neighbor wants to construct an accessory structure or install a driveway or landscaping over what the other neighbor considers the property line.
Some of the top causes of boundary disputes include:
- Inaccurate property surveys
- Errors in property deeds
- Misunderstandings of the existence or placement of easements
- Old fences or structures built on property lines
- Shifting geographic features, such as ground movement or rerouting of creeks/brooks
Legal Solutions for Partition and Boundary Disputes
Property owners can pursue various legal avenues to resolve partition or boundary disputes, including:
- Partition actions: Co-owners of a single piece of property can end their co-ownership or resolve disputes over managing the property by partitioning it, with each co-owner taking a portion of the property, or by selling the property and dividing the proceeds.
- Quiet title actions: Neighbors who disagree over the location of the boundary line between their properties can file a quiet title action to have the court determine the line’s correct position. The court may also order updated property deeds and maps to show the correct property line.
- Injunctive relief: A property owner with conclusive evidence of the true boundary line between themselves and their neighbor can seek injunctive relief to end the neighbor’s encroachment onto their property with an accessory structure or other construction.
- Buy-out: Co-owners can end a dispute by reaching an agreement in which one or more owners agree to buy their co-owner’s interest.
- Easement agreements: Neighbors may resolve a boundary dispute arising from property encroachment by entering an easement agreement, in which the owner whose property their neighbor encroached upon grants an easement to allow the neighbor’s continued use of their property, usually in exchange for compensation to enter the easement agreement.
How an Attorney Can Help
When you have a partition or boundary dispute, an experienced real estate attorney can help you resolve the dispute and protect your property interests by:
- Reviewing property deeds, plat maps, and other legal documents to determine correct property interests or boundary lines
- Working with expert surveyors to locate accurate property boundaries
- Discussing your needs and goals to determine an appropriate legal strategy
- Walking you through your options in your case to help you make an informed decision about how to move forward
- Advocating for your interests during settlement negotiation or in court if litigation becomes necessary in your case
Trying to resolve a partition or boundary dispute without legal guidance and advocacy risks catastrophic consequences, such as losing property rights or incurring unnecessary expenses due to ongoing legal conflicts. Experienced real estate litigation attorneys can help you achieve the best possible resolution to your dispute under the circumstances of your case.
Why Choose Kohan Law Group?
A partition or boundary dispute can put your property rights at risk, making your choice of legal representation critical to securing a favorable outcome. Choose Kohan Law Group to advocate for your interests in your legal dispute. Our firm has an established reputation for achieving outstanding results, even in cases where other attorneys might fall short. We utilize innovative litigation techniques to fight as hard as necessary for our clients’ interests. Our attorneys can fight for you at the negotiating table or in court. When you turn to us for help with a property dispute, you can expect individualized attention and dedication, so you never feel like just another case file.
Contact Our Firm New York Today
If you have a disagreement with co-owners or neighboring property owners over ownership rights, an experienced real estate attorney from Kohan Law Group can help you seek to resolve the dispute. Contact our firm today for an initial consultation to discuss your legal options with us in detail.