Legal Question in Real Estate Law in North Dakota

Real Estate Fractional Interest�Selling Jointly Owned Land Without Consent of Co-owners, Estate Planning

I am not familiar with North Dakota real estate law. Even if I were, I would need to know more before I could respond to your questions. With certain exceptions, anything one owns can be sold, either with or without permission of the co-owners, provided that there is a buyer willing to pay for that which you think you own. I could not tell you whether you might be successful in such a sale attempt without knowing exactly what type of interest in the land you own (i.e., fee simple title, tenancy in common, joint tenancy, survivorship marital property, future interests, etc.), as well as any deed restrictions, zoning restrictions and the nature of all the other competing interests in the title. All these things help to determine real estate�s �title marketability.� The greater the number and strength of competing interests, the less you have to sell (and hence, the less desirable your interest in the land becomes). Analyzing this would require a title search report (AKA, a "letter report of title") from a title insurance company. When a person dies, the disposition of anything he or she owns can controlled by many different documents and rules such as wills, intestate succession, life estates, joint tenancies, trusts, etc. You are therefore probably better off discussing your question about the North Dakota land with a lawyer licensed in that state. You also need to consult with an estate planning lawyer in your state of legal residence if you wish to plan for distribution of anything in your estate upon death.