14 §6501. Civil action

§6501. Civil action Persons seized or having a right of entry into real estate in fee simple or for life, as tenants in common or joint tenants, may be compelled to divide the same by a civil action for partition.  

14 §6502. Form

§6502. Form Persons entitled as provided in section 6501, and those in possession or having a right of entry for a term of years, as tenants in common, may commence an action for partition in the Superior Court or District Court held in the county where such estate is by a complaint, clearly describing it […]

14 §6503. Service of process; publication

§6503. Service of process; publication Service of process shall be made as in other civil actions and notice by publication to tenants whose identity or whereabouts are unknown shall be given as in other actions where publication is required.  

14 §6504. Persons not notified; pleadings

§6504. Persons not notified; pleadings A person interested and not named in the complaint, or out of the State, and not so notified as to enable him to appear earlier, may, in the discretion of the court, be permitted to appear and defend at any time before final judgment on such terms as may be […]

14 §6505. Guardians and agents

§6505. Guardians and agents When an infant or mentally ill person, living in the State, has no guardian and appears to be interested, the court shall appoint a guardian ad litem for him and shall appoint an agent for persons interested who had been out of the State for one year before the action was […]

14 §6506. Tenants in common of sawmills

§6506. Tenants in common of sawmills Tenants in common of a sawmill may have a division of the time during which each may occupy according to his interest, as partition is made of an estate. The court may make all necessary decrees in relation thereto.  

14 §6507. Defendant claiming part; separate trial

§6507. Defendant claiming part; separate trial When it appears from the pleadings that one or more defendants claim to be seized of the whole of a specific parcel of the premises of which partition is prayed, there may first be a separate trial of that question only, at the discretion of the presiding justice. When […]

14 §6508. Costs

§6508. Costs When a plaintiff is found to own a less share than is claimed in his complaint, he shall have partition of such share, but the defendant recovers costs. When found entitled to have partition of the share claimed, he recovers costs of the defendant. In such cases or on default, a judgment that […]

14 §6509. Joinder or severance; death or conveyance

§6509. Joinder or severance; death or conveyance The owners may join or sever in their complaints. When they join and one dies or conveys his share, or when a several plaintiff dies or conveys his share, the complaint, by leave of court, may be amended by erasing his name and inserting the names of his […]

14 §6510. Death of defendant

§6510. Death of defendant The action is not abated by the death of a party defendant. His heirs or devisees or, if the estate is for a term of years, his executor or administrator may be cited to appear, and upon service on them, they shall become parties to the proceedings. The court may order […]

14 §6511. Commissioners; appointment

§6511. Commissioners; appointment After judgment that partition be made, the court shall appoint 3 or 5 disinterested persons as commissioners to make partition and set off to each his share, which shall be expressed in the warrant. Their shares may be set off together or in one tract, or the share of each may be […]

14 §6512. Oath

§6512. Oath Before proceeding to discharge their duty, the commissioners shall be sworn to the faithful and impartial performance of it. The dedimus justice before whom they are sworn shall make his certificate thereof on the back of their warrant.   [PL 1987, c. 736, §18 (AMD).] SECTION HISTORY PL 1987, c. 736, §18 (AMD).

14 §6513. Notice; majority report

§6513. Notice; majority report The commissioners shall give reasonable notice of the time and place for making partition to all concerned who are known and within the State. They must all be present at the performance of their duties but the report of a majority is valid.  

14 §6514. Exclusive possession of part; improvements

§6514. Exclusive possession of part; improvements When one of the tenants in common, by mutual consent, has had the exclusive possession of a part of the estate and made improvements thereon, his share shall be assigned from or including such part. The value of the improvements made by a tenant in common shall be considered […]

14 §6515. Parcel of greater value than share

§6515. Parcel of greater value than share When any parcel of the estate to be divided is of greater value than either party’s share and cannot be divided without great inconvenience, it may be assigned to one party by his paying the sum of money awarded to the parties who have less than their shares, […]

14 §6516. Expenses apportioned

§6516. Expenses apportioned An account of all the charges and expenses attending the partition shall, on request of any plaintiff, be presented to the court, and the presiding justice shall determine, after notice to all concerned, the equitable proportion thereof to be paid by the several owners in the lands of which partition has been […]

14 §6517. New partition; excessive share or value

§6517. New partition; excessive share or value If a share larger than his real interest or more than equal in value to his proportion is set off to a part owner, an aggrieved part owner, who at the time of partition was out of the State and was not notified in season to prevent it, […]

14 §6518. — persons out of State

§6518. — persons out of State When a person to whom a share was left was out of the State when the partition was made and was not notified in season to prevent it, he may, within 3 years after final judgment, apply to the same court for a new partition. If it appears that […]

14 §6519. — persons evicted of share

§6519. — persons evicted of share When a person to whom a share has been assigned or left is evicted by an elder and better title than that of the parties to the judgment, he is entitled to a new partition of the residue, as if no partition had been made.  

14 §6520. — excess removed

§6520. — excess removed In such new partition, so much shall be taken from any share as the same shall be adjudged to be in excess of its just proportion of the whole, estimated as in the condition when first divided, and no more. If improvements have been made on the part taken off, reasonable […]