§ 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 […]
§ 46A-53 – Apportionment of shares in common.
46A-53. Apportionment of shares in common. When requested by two or more cotenants, the commissioners may, by order of the court, apportion their several shares to them in common, as one parcel, so long as the apportionment is not injurious or detrimental to any cotenant. (2020-23, s. 3.)
§ 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 […]
§ 46A-56 – Confirmation of report; appeal; motion for relief.
46A-56. Confirmation of report; appeal; motion for relief. (a) If no exception to the report of the commissioners is filed within 10 days of service of the report on all the parties, the clerk shall confirm the report. (b) If an exception to the report of commissioners is filed, the clerk shall do one of […]
§ 46A-57 – Report and confirmation enrolled and registered; effect.
46A-57. Report and confirmation enrolled and registered; effect. The report of the commissioners, when confirmed, and the order of confirmation shall be enrolled and certified to the register of deeds and registered in the office of each county where the real property is located. The confirmed report is binding among and between the parties and […]
§ 46A-26 – Methods of partition.
46A-26. Methods of partition. In a partition proceeding under this Article, the court shall order one of the following methods of partitioning the real property: (1) Actual partition under Part 2 of this Article. (2) Partition sale under Part 3 of this Article so long as the requirements of that Part are satisfied. (3) Actual […]
§ 46A-27 – Carrying costs, including property taxes; improvements; right to contribution.
46A-27. Carrying costs, including property taxes; improvements; right to contribution. (a) Right to Contribution. – A cotenant has a right to contribution from the other cotenants for the cotenant’s payment of the real property’s carrying costs and for the lesser of the following: (1) The value added to the real property by the cotenant’s improvements […]