Legal Question in Real Estate Law in California
30 acres owned by 4 owners
We currently are trying to sell our 30 acre property, however, my brother in law has about 3 acres worth of car parts, trucks, tractors etc out there and it is hindering the sale of the property. Is there any way we can remove his property in order to make it more desirable to sell?
2 Answers from Attorneys
Re: 30 acres owned by 4 owners
Supplementing my previous answer to the same or a similar question, I should add that there is a form of civil lawsuit called a "partition" action which is used by an unhappy co-owner to bring aboout a judicially-ordered and supervised breakup of the co-ownership, sometimes by subdivision but more often by sale and division of the net proceeds in proportion to ownership as adjusted for fairness, etc.
If your property were being sold in a partition action, the judge or referee handling the division of the money would be entitled to adjust the shares to reflect the depressing effect on total value of the brother-in-law's junk (at least I think so).
Re: 30 acres owned by 4 owners
Adding to Mr. Whipple's reply, the court may require the junk to be removed or may account for the cost of removal in an accounting. Basically, the sale would be supervised by the court and subject to the partition. I work with real property law and have done prior partition and accounting actions. Please call if you believe legal intervention is necessary.
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