heirs in land dispute

[kanut]

What is the name of your state? Tennessee
a piece of land is in 11 names with one deceased which leaves 10. they are have undivided interest in this land. one heir has her interest and has bought two more interest. my question, can she pick and choose where her three part are? Her home is adjoining this property. The heirs has had it surveyed, she also had her three parts surveyed and fenced off. I dont believe this is legal, what do you think.
this is going to be like the hatfields and mccoys, its going to get bad. this heir that has bought the interest is terminally ill. dont guess that has anything to do with the price of tea in china.
help any suggestions, the other heirs will follow the direction of the brother, but when it comes to getting a dollar from any of them, they go in the other direction. they want to reap the benefits, but they dont want to donate
help please!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

[nextwife]

If the land was not legally subdivided, and a particular legally described portion deeded to the one party, all parties own an UNDIVIDED interest of the ENTIRE 11 acres. The amount of that interest varies from party to party, but all own a percentage of ALL the land.

 

[kanut]

Let me try to understand, the one heir does not have the right to survey her undivided interest plus the interest she bought and fence it in. She would have 3 undivided interest shares in the whole piece of land. Could she hold up the sale of this land if the others would want to sale the whole piece of property (including her interest plus the two she bought)?

 

[HomeGuru]

Let me try to understand, the one heir does not have the right to survey her undivided interest plus the interest she bought and fence it in. She would have 3 undivided interest shares in the whole piece of land. Could she hold up the sale of this land if the others would want to sale the whole piece of property (including her interest plus the two she bought)?

**A: any owner can order a survey.

 

[kanut]

I understand that, but what about the fence?

 

[nextwife]

The fence, based upon the situation you have described, lies WITHIN lands that are jointly owned as undivided lands, each owner having varying percentage of ownership.

Example: I happen to have a fence around my SIDE yard. The existance of the fence, when I also have legal use of the surrounding property. does NOT make the enclosed land a LEGALLY SEPERATE parcel. As of now, title to the fenced land that lies within the 11 acres, and is likely vested in the name of all the heirs that have not sold their interests.

Most municipalituies have specific requirements that must be met BEFORE a parcel can be legally subdivided. Including submitting the proposed division by either CSM or subdivision plat and going through an approval process.

 

[HomeGuru]

I understand that, but what about the fence?

**A: until you get the survey, you won't know whose land the fence is on.