§ 46A-79 – Partition sale of remainder or reversionary interest of real property.
46A-79. Partition sale of remainder or reversionary interest of real property. The existence of a life estate in real property does not bar a partition sale of the remainder or reversionary interest of the property, and for the purposes of partition, the tenants in common or joint tenants of the remainder or reversionary interest shall […]
§ 46A-80 – Sale of standing timber; valuation of life estate.
46A-80. Sale of standing timber; valuation of life estate. (a) When two or more persons own real property with standing timber, as tenants in common, joint tenants, or partners, one or more of the persons may seek a partition sale of the timber, separate from the real property. (b) If real property with standing timber […]
§ 46A-81 – Sale of oil, gas, or mineral interests.
46A-81. Sale of oil, gas, or mineral interests. In a partition of oil, gas, or mineral interests of real property, when the court determines any of the following, the court shall order a sale of the oil, gas, or mineral interests and allocate the proceeds according to the interests of the tenants in common or […]
§ 46A-82 – Sale of real property required for public purposes on cotenant's petition.
46A-82. Sale of real property required for public purposes on cotenant’s petition. When the real property of tenants in common or joint tenants is required for public purposes, one or more cotenants, or the cotenant’s guardian of the estate or general guardian, may file a petition verified by oath in the superior court of the […]
§ 46A-58 – Clerk to docket owelty.
46A-58. Clerk to docket owelty. If the court orders owelty, the clerk shall enter the owelty on the judgment docket in the same manner as judgments are entered on the docket. The clerk shall mark as plaintiffs on the judgment docket persons whose shares are to be paid owelty, and the clerk shall mark as […]
§ 46A-28 – Court's authority to make orders before final determination of proceeding; notice and hearing.
46A-28. Court’s authority to make orders before final determination of proceeding; notice and hearing. (a) Before final determination of a proceeding to partition real property, on application of any of the parties, the court may make any orders that it finds to be in the best interest of the parties, including, but not limited to, […]
§ 46A-29 – Mediation.
46A-29. Mediation. (a) Parties interested in the real property may agree at any time during the proceeding to mediation of a partition. G.S. 7A-38.1 and G.S. 7A-38.3B apply to a mediation under this section. (b) When a partition sale is requested, the court, on its own motion or a motion of a party, may order […]
§ 46A-50 – Commissioners appointed; compensation; oath; delay or neglect.
46A-50. Commissioners appointed; compensation; oath; delay or neglect. (a) Appointment. – The superior court shall appoint three disinterested commissioners to apportion the real property to be partitioned among the cotenants. If the property to be partitioned is located in more than one county, the court may appoint additional commissioners if necessary from counties where the […]
§ 46A-51 – Commissioners to inspect and partition real property; apportioning shares; charging owelty on shares of disproportionately greater value.
46A-51. Commissioners to inspect and partition real property; apportioning shares; charging owelty on shares of disproportionately greater value. (a) Apportioning Shares; Charging Owelty on Shares. – The commissioners together shall inspect the real property and partition it among the cotenants by apportioning it into shares proportionate in value as nearly as possible to the cotenants’ […]
§ 46A-52 – Partition where cotenants unknown or title disputed.
46A-52. Partition where cotenants unknown or title disputed. (a) If there are any cotenants whose names are not known or whose title is in dispute, the shares of those cotenants shall be apportioned together as one parcel. (b) In any partition proceeding, if two or more cotenants appear as respondents claiming the same undivided interest […]