Legal Question in Real Estate Law in New York

disolving a tenant-in-common situation

A parcel of undeveloped land is held as tenants-in-common by myself and another person. I wish to disolve this situation by dividing the land equally so each one will own his own share but the other person is not willing to do this even tho I have suggested a number of ways to accomplish this. What is my recourse, what do I do now?


Asked on 2/14/00, 3:23 pm

2 Answers from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: disolving a tenant-in-common situation

You may have to commence an action to partition the property.

Daniel Clement

Read more
Answered on 2/17/00, 5:25 pm
Walter LeVine Walter D. LeVine, Esq.

Re: disolving a tenant-in-common situation

Tenancy in common is like a partnership, but represents an undivided interest in real estate. If the other owner is unwilling to sell or divide the land, your only recourse is a suit for partition. This severs the tenancy and allows one equal owner to buy-out the other and then do with the property as they wish.

Also, the property might not be able to be divided anyway, by equally dividing it and creating two separate parcels, as that may constitute a subdivision, which might require local zoning approval.

Read more
Answered on 2/19/00, 5:25 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York