One who does not want to sell has used land for cows for past 3 yrs. with no cost. Has been offered his portion and the rest sold. Only wants to cause problems so he can continue to get free use.
The general rule is that co-owners have a fiduciary duty to all other co-owners not to use the property in a way adverse to the others, just as there is a duty for each to share in the costs and expenses, which duties may be enforced by compelling an accounting. Any co-owner can force a sale and accounting despite the disagreement of other co-owners, which is called "partition." This requires court action and you should consult with an attorney experienced in real estate law in the county where the real property is located.
Real Estate Attorney
If the property was left to all siblings out of the estate of a parent, this is considered an heirs property case. this is common in SC and the south. If all heirs as co-owners cannot agree to the division of property, court action must be taken to determine, current interest holders, and share of property. An attorney can help navigate the courts to do this. If one interest holder does not agree, a sale may have to be forced by the court.
Ian A. Taylor
The Taylor Law Office L.L.C. | (843) 314-4313
Pawleys Island, SC (serving Georgetown and Horry)
Estates. Probate. Adult Guardianship. Landlord-Tenant. Insurance.
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