Legal Question in Real Estate Law in Massachusetts
Forcing the division of property
We have 7 members owning 4 deeds of property totaling to 200 acres in Middleboro, MA. There are 2 houses on the property and 2 family members are living on the property. The 5 members not on the property would like to get their piece of te property to build on or sell as they wish. One member, Cheryl, living on the property refuses to do anything and doesn�t want anything to change. Cheryl�s husband, George, is also cutting down the trees and selling it for his profit only. This has been going on for 17 years. We never gave anyone permission to cut the trees and yes we have asked George to stop as it is devaluing the property plus the money only goes to him. George refuses to stop as he says it�s his property.
We don�t want to sell the property or force the sale.
1) Is it possible for any member to do anything to the shared property as long as it�s legal? What if it devalues the property? If it is possible to do anything to the property legally, do we need a consensus, ie majority rules?
2) Can we force the division of the property?
3) If our only option is to force the sale, can any of the members participate in the auction to buy the property with their combined equity?
2 Answers from Attorneys
Re: Forcing the division of property
Based on what you described and subject to reviewing the deeds and any other information or agreements available, you could file a Petition to Partition the Property. Assuming the property can be divided into parts of equal value, you could have the property divided into 7 shares for each property owner.
As to the sale of the trees, the proceeds less costs should be shared proportionately.
Please feel free to contact me in my office to discuss this matter in more detail and without obligation.
: Forcing the division of property
Your options depend on the existence of any written agreement. In the absence of an agreement, and depending on how the property is held, your options may be limited. In an action for partition, the sale is forced, and there are probably options to purchase the property. Whether the property is divisible or sold as single lot depends on the presentation to the court, and what the court rules.
If you need assistance, contact me.
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