§ 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-59 – Order for possession.
46A-59. Order for possession. (a) An order for possession of real property apportioned pursuant to this Part, in favor of the party to which an apportionment has been made and against any party in possession at the time of application therefor, may be issued by the clerk of the superior court if all of the […]
§ 46A-75 – Sale in lieu of actual partition.
46A-75. Sale in lieu of actual partition. (a) Subject to G.S. 46A-29(b), the court shall order a sale of the real property described in the petition, or of any part of the property, under this Part only if it finds by a preponderance of the evidence that an actual partition of the property pursuant to […]
§ 46A-76 – Sale procedure.
46A-76. Sale procedure. (a) General. – The procedure for a partition sale is the same as is provided in Article 29A of Chapter 1 of the General Statutes, except as provided in this Part. (b) One Commissioner Sufficient. – In a partition sale, the court is not required to appoint more than one commissioner. (c) […]
§ 46A-77 – Cotenant credit.
46A-77. Cotenant credit. Any cotenant entering the high bid or offer at any sale of one hundred percent (100%) of the undivided interests in any parcel of real property shall receive a credit for the undivided interest the cotenant already owns in the real property and shall receive a corresponding reduction in the amount of […]
§ 46A-78 – Partition sale of real property subject to a life estate.
46A-78. Partition sale of real property subject to a life estate. If the real property to be partitioned by sale is subject to a life estate, a life tenant who joins in the proceeding shall receive the value of the life tenant’s share calculated according to mortality tables accepted by the court and paid out […]
§ 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-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 […]