Legal Question in Real Estate Law in Michigan

Selling

My father owned 40% of some hunting land with other people. How do you sell his part of the land? Can you just sell his part to anyone? The buyer would share it with other people he would not know?


Asked on 5/05/04, 9:13 am

1 Answer from Attorneys

Steve Dulan The Law Offices of Steven W. Dulan, PLC

Re: Selling

Before anyone can answer your question, they would have to know in what form your father and his co-owners owned the land.

It may be possible to sell his share to a stranger (There is not a great market out there for owning hunting land with possibly hostile strangers.) But, it may be the case that he would have to sue for Partition by Sale which is a court-ordered sale that allows for the proceeds to be split among the owners according to their ownership shares. (This route is expensive and time-consuming. I was involved with one last year that took almost a year to wrap up and cost several thousand dollars in legal fees to all concerned.)

[There is another possibility which is a Partition in Kind, where the court draws a line on a map and separates the existing parcel into two or more parcels. This is extremely rare as it is usually almost impossible to cut the land into pieces that accurately reflect the relative values of the ownership shares.]

{One of my favorite Brady Bunch episodes is the one where the kids draw a white tape line on the floor. Comedy ensues but the impracticality of this type of solution is illustrated also.}

On a practical basis however, I would recommend a frank discussion with the other co-owners. As a hunter myself, I know that they have a vested interest in maintaining their current hunting arrangement, and having some control over who else uses the land. They should be willing to buy out your father's share for a reasonable price.

Read more
Answered on 5/05/04, 10:49 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Michigan