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Land Division, Settlement or Partition between Majority and Minority Owners

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Grace Woodard

Junior Member
What is the name of your state? New York State

When a buyout settlement cannot be reached between a majority and minority owner, other than going to court for a land division, is there an option to appear before a judge or another body, to settle the buyout, when actual land division is not desired by either party? Is imposing a price and reconciling environmental covenants something a judge or court would entertain? When neither party wants a physical division or auction, or carving up the parcel, what is the scope of the court/judge in resolving the situation. Does this have to be an involuntary process brought by one party against the other? Arbitration the way to go?
 
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divgradcurl

Senior Member
What is the name of your state? New York State

When a buyout settlement cannot be reached between a majority and minority owner, other than going to court for a land division, is there an option to appear before a judge or another body, to settle the buyout, when actual land division is not desired by either party? Is imposing a price and reconciling environmental covenants something a judge or court would entertain? When neither party wants a physical division or auction, or carving up the parcel, what is the scope of the court/judge in resolving the situation. Does this have to be an involuntary process brought by one party against the other? Arbitration the way to go?
One party or the other can file a partition suit. The "other option" is a lawsuit, that's the only time you are going to get a judge involved. You can arbitrate or mediate if both sides agree to it.

You would need to look up NY state partition laws. Usually, the courts prefer to divide up the land, and will only look to sell the property when an equitable division cannot be made -- but this is a question of state law. Talk to a local attorney, who can review all of the facts in your situation and advise you accordingly.
 

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