Legal Question in Real Estate Law in Texas
undivided land
my friend inherited 53 acres in an undivided tract of land totally 126 w/ 53 acres in one other person's name and 17 acres that is broken out in several owners. she needs to have her part divided out so she can cut timber to pay the taxes. how can she get the land divided? the other owner said there are too many owns involved, but only 3 owners appear on the tax rolls for that land
1 Answer from Attorneys
Re: undivided land
She needs to first see if the other owners will agree to have tracts surveyed out and voluntarily agree to a partition. An attorney will have to prepare a partition deed if everyone is agreeable.
If not, she will have to hire an attorney to file a partition lawsuit. This will cost several thousand dollars, but any undivided owner has an absolute right to partition, and she should end up with approximately 53 acres which she will own 100%. It will take several months, though, and there is a risk that the judge will order the land sold and the proceeds divided, rather than the land chopped up.
The quickest way is definitely to enter into an agreement with the other owners.