whether or not we are in a partnership and why? what happens to the freehold property?can i get that back as i paid the capital

Black's Law Dictionary, along with most states, defines a partnership as "a voluntary association of two or more persons who jointly own and carry on a business for profit." There does not need to be any registration with the state in most cases, and indeed the partnership can be created orally, without any written evidence whatsoever. Given the facts you present, it seems clear to me that you are in a partnership with these two individuals.

I am wondering why you did not seek out legal counsel to advise you prior to make this investment. $150,000 is a significant amount of money, and since you are not involved in the operations, you should really have insisted on a legal entity (such as an LLC or a real estate limited partnership) which would limit your personal liability. However, what's done is done, and you must explore your options given the current situation.

Since you said at the beginning that you would not work in the business, what do you mean by the statement that you "have refused to carry on in the business"? Given the set of facts you presented, and assuming you can prove the terms of your original agreement with them, if the other two partners are carrying out the business, they will be obligated to pay you 50% of the profit for the first 3 years as you originally agreed. The fact that your name is not on the title to the income-producing property should not affect your right to receive profits from the business venture.

You should consult a real estate attorney in the state where the property is located to determine whether you might have any rights to that property itself. You should also gather your written evidence and bring that to an attorney who can more specifically evaluate your rights with regard to the profits of the business, and determine the best course of action to enforce those rights.

Accidentally hit the enter key before I added the required disclaimer: The above answer is for general information purposes only, does not constitute an attorney-client relationship, and is not meant to be a substitute for consulting with an attorney.