Dayton, TN asked in Real Estate Law and Civil Litigation for Tennessee

Q: Sisters own 30 acres 50/50 one want to build on her 15 other wants to force sale of all 30Can she force sale of all 30

The property has nothing on it the sister that wants to sell will take half of 125k but is asking the other to agree to sell for 100k but will not take 50k for he 15 and says she will force the sale if she she does buy her out and refused to divide

1 Lawyer Answer

Anthony M. Avery

  • Knoxville, TN
  • Licensed in Tennessee

A: Either Sister Landowner should be able to sue in Chancery for Partition, assuming they are Tenants In Common of 1/2 Undivided Interests each. Either can defend that there should be a equitable split up of the property or that there should be a sale, with the net proceeds divided. It does appear that a surveyed division with easement access could be ordered. It would be easier and cheaper to decide on a voluntary partition of the Tract with a surveyed boundary line. Then each Owner may do as she wishes.

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