Legal Question in Real Estate Law in Louisiana
Father died, left 5 daughters 50 acres of undivided property - 1 wants to sell - 4 do not - can the 1 sell undivided property if the buyer wants to build a house (permanent structure) without the property being divided? Can she force the division of the property to allow the sale to go through? If so, who is stuck with the survey and court costs?
1 Answer from Attorneys
No sane person would buy your 1/5th interest and built anything. You need to file a Petition to Partition the property and show that the 10 acres you want is not more valuable than the other acres and ask that you be given the particular 10 acres. If that doesn't work, you can sell your undivided interest to the buyer if he is that stupid, but you can always file a petition to partition because you cannot be forced to own anything in indivision. The 50 acres would be sold and you get your share of the money.
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