Legal Question in Real Estate Law in Virginia
Shared land sale
My Dad and Uncle owned land together in Virginia. Both are now deacesed. My brother and I and my cousin own the land. My cousin has not ever paid his 1/3 share of the taxes. My brother and I have to split the 4400 tax bill 1/2 to pay or the land will be sold. We are going to pay. Once the tax bill is current, we want to sell the land. Do we need our cousin's approval to do this? Is there any way we can recoup his share of the tax? Please advise.
1 Answer from Attorneys
Re: Shared land sale
Yes, you need your cousin's approval
to sell this property which you all hold as tenants-in common, and upon such sale, you and your brother should be reimbursed for each of your disproportionate shares of the taxes.
If your cousin refuses to agree to sell, you and your brother should then engage the sevices of local counsel to file what's called a partition suit in the local circuit court which will likely result in the court-ordered sale of the property with proportionate distribution of the proceeds from the sale to the owners of record.
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