Durham, NC asked in Real Estate Law for Virginia

Q: Discovered I owned a portion of land in Va. Family gifted their portions to distant relative. Trying to force sale now.

I would not like to gift or sale this land, due to my ancestors request that the land never leave the family. Please help!!!

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1 Lawyer Answer

A: I'm not sure if this is an inquiry from the other side of the family for an anonymous question posted recently. I certainly cannot represent both sides, but I'm nobody's lawyer when I'm answering questions for free on this forum. Usually, there is no way to stop a sale in lieu of partition if the co-owners want to sell and you don't. If it is farmland, you may be able to partition it rather than sell it. But, if it is a residence, the best you can do is get a mortgage, if needed, and buy the other owners out. You cannot prevent them from enjoying and selling their land any more than they can prevent you from the same. You can make it difficult and expensive by litigating about it, and you might get a better deal if you do that, but, ultimately, part of owning something is having the right to sell it. The concept you are describing had a name a millennium ago. It was called a fee tail. It was abolished long, long ago for very powerful policy reasons. Your ancestors could not and you cannot restrict ownership in perpetuity to one family.

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