Legal Question in Real Estate Law in Washington

two people own 40 acres one wants to sell his half to a third party but the third party wants to know what half of the property will be his so a survey would have to be done this property can not be split by title can this property be split by interest with a survey to show just what each partys interest in the propert would be


Asked on 3/03/10, 12:06 am

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

This sounds like a disaster waiting to happen, and it looks like a lot of attorney fees are going to be involved to sort it all out if this does happen as suggested. Here is why.

First, when two or more people own a piece of property, and they are not married, then they hold title as "tenants in common" and each owns an undivided one half, one third, one quarter, etc., share, depending on how many people are tenants in common. Thus, they all jointly own ever portion, as opposed to what you are describing, which is where the owners wish to each own and control a half of the property. It reminds me a little kids who are siblings and draw a line in middle of their room to divide it and neither can go over to the other's half of the room without permission. Inevitably, one has access to the door and the other does not, one has access to the closet and the other does not, and one has access to the bathroom and the other does not, or some variation on this theme. Eventually a fight breaks out and some poor parent has to come in and sort it all out.

In your case, you are proposing a similar plan. You also say the property cannot "be split" which I take to mean there are some restrictions on subdividing it. If that is not true, then the best bet is to subdivide the property and that makes things very easy. If the property cannot be subdivided in a way that makes everyone happy, then I would advise that the property be outright sold, or one person buy out the other, or the property be sold in its entirety to a third party.

If anything else is done, I would bet a lawsuit or some other property dispute is headed down the pike. Best of luck to you.

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Answered on 3/08/10, 2:46 pm


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