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Undivided Property

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NCSUGRAD

Junior Member
What is the name of your state? NC

My father inherited 1/4 of of 2-3 acres of waterfront property as a tenancy in common several years back when his father passed away. There are 2 other "groups/familys" that also inheriated the remaining property as part of this tenancy in common. One family of 5 (equal shares) owns 5/8 of the land while another family of 4 (equal shares) owns 1/8 of the land. All parties are distant family (cousins) that the orginal land was passed down from 4 brothers who all commercially fished from this landing. Throughout the generations fishing was continued in my fathers line. He still has his fishhouse based on this land along with a small shelter for his boat. Reminance still remain from the other 3 original fish house but for the most part they are just post sticking out of the water. Now for the problem.

We just found out that the family of 5 who own 5/8 of the land collectivley will be sending out letters trying to force the sale of this land so they can buy it and put up condos. My father nor the party of 4 are willing to sell. They are however willing to divide the land fairly and have overed to divide it by dividing the linear feet of water front property into equal shares holding the lines the back of the property. This will allow for beach access for all parties and allow my father to keep his fishhouse and continue his business. They are not interested and want to force a sale.

They can afford way more than my father and he is afriad of losing his land. He is going to contact a lawyer but do you have any advice or recommendations on what he needs to start doing. He is extremely upset about this and feels like he has very few options. The land has been in the family forever and they are just not being reasonable. Please help!!

Thanks,
Sam
 


BelizeBreeze

Senior Member
Take your father to a real estate attorney and instruct him/her to file a Partition in Kind suit against the other owners.
 

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