§ 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-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-54 – Dedication of streets.
46A-54. Dedication of streets. Upon motion of any party or the commissioners, the clerk may authorize the commissioners to propose in their report the dedication of portions of the real property that are necessary as a means of access to any share or that are otherwise advisable for public or private highways, streets, or alleys. […]
§ 46A-55 – Report of commissioners; contents; filing and service; extension; map.
46A-55. Report of commissioners; contents; filing and service; extension; map. (a) Report. – The commissioners shall file a report of their proceedings in the office of the clerk of superior court within 90 days after the last commissioner receives a notice of appointment. The report shall be signed by at least two commissioners and shall […]