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Family of 6 siblings had land left to them. (73 acres ) 5 want to sell 1 does not , what can be done?

Prosperity, SC |

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.

Attorney Answers 2


  1. 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.


  2. 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.
    Good luck.
    ian
    Ian A. Taylor
    The Taylor Law Office L.L.C. | (843) 314-4313
    Pawleys Island, SC (serving Georgetown and Horry)
    www.southcarolina-lawyer.com
    Estates. Probate. Adult Guardianship. Landlord-Tenant. Insurance.

    The Rules of Professional Conduct for my state only allow me to provide general legal information regarding your question. I am unable to offer my services directly or specific answers to your question. The information provided is not intended to create an attorney/client relationship and shall not be construed as legal advice. Therefore, the resources or information given is provided as general information only. I caution Askers not to attempt to solve individual problems upon the basis of the information contained therein.

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