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Partition Lawsuit Question

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yohoddle

Junior Member
Mississippi

Hello everyone. I own 1/3 undivided interest on a parcel of land(35 acres) all of equal value. On 5 acres of this land I (alone) have had a farming operation for the past 20 years not knowing that my farm was on this particular parcel. I have recently decided to try and get sole ownership of this part of the property by trading my other interest in the land to my co-tenants in common. They are unwilling to tranfer their interest on the 5 acres to me even though I have agreed to transfer my remaining interest to them (Long Story!) Question 1: May I continue my farming operation without having any responsibility to the other parties(Mainly division of income, profits, etc). Question 2: Short of filing a partition lawsuit are there any recommendations someone may have? If not how would you go about filing the partition if it were you? Thanks for viewing and for any responses.
 


BelizeBreeze

Senior Member
yohoddle said:
Mississippi

Hello everyone. I own 1/3 undivided interest on a parcel of land(35 acres) all of equal value. On 5 acres of this land I (alone) have had a farming operation for the past 20 years not knowing that my farm was on this particular parcel. I have recently decided to try and get sole ownership of this part of the property by trading my other interest in the land to my co-tenants in common. They are unwilling to tranfer their interest on the 5 acres to me even though I have agreed to transfer my remaining interest to them (Long Story!) Question 1: May I continue my farming operation without having any responsibility to the other parties(Mainly division of income, profits, etc).
Most likely not.
Question 2: Short of filing a partition lawsuit are there any recommendations someone may have? If not how would you go about filing the partition if it were you? Thanks for viewing and for any responses.
yes, purchase the entire 35 acres.
 

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