Legal Question in Real Estate Law in New York

Re: What can be done if I want to sell land owned as joint tenants?

Your remedy in this case is an action for partition. This is a lawsuit under which one joint owner of property decides to pull the plug on the situation. Unless there is a contrary agreement or provision in the will under which you and your cotenants took title, you have an absolute and unqualified right to partition the property. If the six of you do not agree on a method for doing so (and you, by yourself, have the ability to preclude the making of such an agreement) there will be a judicial partition. In the final analysis, there could well be a sheriff's auction of the property. The legal objective, whether there is a sale or a division in kind, is to make sure you, as the plaintiff, receive the value of your interest, plus any expenses you have incurred to protect that interest (taxes, mortgage). If one or more of your cotenants has taken a chunk of the property without the agreement of the others, the reconciliation can include rent payments that are imputed.

You might not be able to force a sale of the whole property: that's just one of the vagaries of this kind of proceeding. It can be a mess. You will need counsel. Good luck.

Re: What can be done if I want to sell land owned as joint tenants?

You might be able to sell your right, title,share or interest in the property to anyone, (a non family member)outright, subject to the inheritance docs, Deeds and title.

Or, you might decide to commence a Partititon Action, before selling. Then, the Court would decide all the parties' rights, title, interest and share in the property.

In "heirship" real property Partitions, like this, the parties usually receive reimbursement and compensation for their direct and indirect contributions to the maintenance and care of the property which is balanced by their "Use" of the property. And, the "Partititioned" deeds usually include "easements," "right of ways," etc., that will run with the land, that are designed to permit all of the parties "full" use and access to their property in a way not dissimiliar from what previously existed.

In either case, you should immediately retain a lawyer to review your documents and represent your interests. These kind of "family matters" often get out of hand very quickly.

Good luck,

Phroska L. McAlister,ESQ