Can a co-owner sell Agricultural land without the consent of other co-owners? 24 Answers as of April 01, 2013

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Durham Jones & Pinegar | Erven Nelson
It depends on how the title is held. If it is a tenants in common situation, the one owner can sell only its portion. If in a corporate entity, such as a corporation, partnership or limited liability, and the co-owner has authority, it could happen. You would need to file something with a court to stop the sale.
Answer Applies to: Nevada
Replied: 4/1/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Only their share. However, it really depends on whether it is a joint tenancy, or tenancy in common, and if the property can be divided. You will need to talk to a real estate attorney.
Answer Applies to: Michigan
Replied: 3/1/2013
David F. Stoddard
David F. Stoddard | David F. Stoddard
No. If you own land with co-owners, and want to sell it, you can bring a lawsuit in court called a partition action wherein you ask the court to give the other owners the choice of purchasing your interest in the property, or selling the property.
Answer Applies to: South Carolina
Replied: 3/1/2013
Curry, Roby & Mulvey Co., LLC
Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
No, since ultimately all owners would be required to sign a deed transferring the property to a third party. Co-owners cannot compel other co-owners to sell land absent some written agreement to the contrary.
Answer Applies to: Ohio
Replied: 3/1/2013
Universal Law Group, Inc. | Francis John Cowhig
Usually, no.
Answer Applies to: California
Replied: 3/1/2013
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    The co-owner could sell his interests but not everyone else's.
    Answer Applies to: Rhode Island
    Replied: 2/28/2013
    Heinly, Benson, Killian & Kramer, An Association of Attorneys Not a Partnership
    Heinly, Benson, Killian & Kramer, An Association of Attorneys Not a Partnership | Valerie L Kramer
    You have not provided sufficient information to truly be able to answer your question, but in general terms for California, co-owners of real property who are not married to each other may sell their own interest in real property to a third party without the consent of the other co-owners unless a right of first refusal has been given to the other co-owners. Additionally, one co-owner may force a sale of the entire parcel through a partition action if the other co-owners either refuse or are unable to buy out the co-owner who wants out. The basic public policy is that no co-owner of land should be stuck and unable to get his/her money out of the property. Each situation is different, however, and specific factors may impact on one's ability to force a partition action. You should contact an experienced attorney for further guidance and an evaluation of your rights and liabilities.
    Answer Applies to: California
    Replied: 2/28/2013
    DOUGLAS A. TULL, P.C.
    DOUGLAS A. TULL, P.C. | Douglas A. Tull
    Only his or her interest. If he/she is a "co-tenant" and owns a specific percentage interest (1/3, for example) then he/she could sell that to another person, but he/she could not sell the entire 100% interest - or if he/she tried, the purchaser would not get anything more than the seller has to sell. If the interest owned is as a joint tenant, then if he/she sells her interest the purchaser's interest would be subject to the seller surviving, since a joint tenancy is an estate in expectancy - it does not vest until there is a "survivor".
    Answer Applies to: Michigan
    Replied: 2/28/2013
    Stephens Gourley & Bywater | David A. Stephens
    Generally, no.
    Answer Applies to: Nevada
    Replied: 2/28/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    He can sell only his undivided interest.
    Answer Applies to: North Carolina
    Replied: 2/28/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | David E. Frank
    Depends on how ownership was held. If in LLC or other type of entity, operating agreement may have given that co-owner authority to sell, borrow, and otherwise transact business on behalf of the group. If there was no agreement and all co-owners were on title, then he/she could have only conveyed his or her interest in the property, not the other co-owners.
    Answer Applies to: California
    Replied: 2/28/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It depends on what the deed says as to ownership and whether the co-owner is selling all of the property or only his or her interest. If the latter, then it is probably okay. If the former and all of you are on the deed, then it is likely that the buyer will find out soon enough if the buyer can't get everybody's signature.
    Answer Applies to: Idaho
    Replied: 2/28/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    No, a co-owner can sell his/her own share but you can't sell what you don't own. A co-owner only owns a limited right in the property. He/she can sell that right, but the limitations go with it.
    Answer Applies to: New York
    Replied: 2/28/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If you are on the deed, your signature would be required to sell property. All names on property must sign over deed to a second party.
    Answer Applies to: New York
    Replied: 2/28/2013
    Law Offices of Frances Headley | Frances Headley
    No, all owners must join in the sale unless the sale has been court ordered.
    Answer Applies to: California
    Replied: 2/28/2013
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    If you are a tenant in common, you can sell your interest. Otherwise, no.
    Answer Applies to: New Jersey
    Replied: 2/28/2013
    Gates' Law, PLLC | Thomas E. Gates
    They may sell their interest in the land.
    Answer Applies to: Washington
    Replied: 2/28/2013
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney