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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.