Petition to partition real estate in Maine.
The legal process taken when all the property owners of real estate are not in agreement about a listing sale. When you are part of a group that not all are in agreement about a property sale or real estate division split up say an inherited property. Or when lots of people own and share for instance, a waterfront lake property in Maine.
This blog post about petition to partition real estate in Maine.
A last resort legal remedy process to divide up or force a real estate sale in Maine when there is a not so happy multiple property ownership situation.
Telling a story about a real life real estate situation is the best way to blog.
So here goes … a past Maine real estate sale experience where four family members inherit 100 acres of land. Three want to sell, one does not. All but one wish to put the Maine land on the open market for sale and to split equally the real estate closing cash proceeds.
What to do when all the property owners of a piece of real estate are not in agreement about selling?
Sometimes the bickering is over the listing price. Or one owner thinks they should get the property for nothing or less than fair market value.
But once in a while there is one or a number of fractional interest property owners who belief a sale at any price or any time should be avoided. They want to hang on and don’t want to sell the real estate. They truly believe the dearly departed would roll over in their grave if they knew some family members thought a real estate sale was best course of action.
Those in the minority about a real estate sale in Maine are out numbered.
You can split the real estate sale proceeds equal ways when some want to sell, a few do not. Petition to partition sometimes is the only solution when there are many property owners on the real estate deed title.
Fear of development and changing the experience of say a beloved waterfront property location is sometimes a factor.
Fond memories and not wanting to sell a family camp can be a strong emotion to fight a commonly owned real estate sale.
Protecting, preserving not developing a Maine natural resource is also a strong desire in most of us living in “Vacationland”. Be good stewards, leaving the property to your kids in at least as good but preferably better shape than you were entrusted.
In this blog post on petition to partition real estate in Maine, the family land had no waterfront element. 100 acre block of land, no buildings, no improvements.
The property a mixture of abandoned farm land and wooded acreage high and dry with scenic views in Aroostook County.
The square Maine land block had road frontage on two roads. One paved, the other gravel and both year round open for travel. Scenic views, not too far from town, connected to rec trails. Four members of a family inherited this 100 acres of property. What best to do with the land as the estate went through the probate process was not shared by all family members.
Disagreement or disharmony in any family is not a pleasant experience for its members. Taking sides and the division can cause permanent damage to the family unit. A split of who wants to sell, who does not riff can hurt relationship dynamics for life.
To avoid hurt feelings and billable hours legal expense of a petition to partition process, a mitigated solution is sought by anyone involved in a real estate sale.
As the Maine broker involved in this particular land sale, the suggestion to why not divide out 25% of the 100 acres for the odd man out was raised.
Attempts to retain a quarter portion of this corner lot of Maine land and conveying that to the family member holding up the sale did not work. Making only one out parcel would not have triggered a subdivision process. All but one of the family heirs liked the idea.
The sole family member who did not desire any of the property to be sold stayed firm on her opinion . With plenty of road frontage, because of the clearly marked boundary lines and quantity of acreage, such a division was not complicated to orchestrate.
Keep a quarter, sell the rest as one 75 acres of Maine land could not be agreed to by the entire family heirs.
The one sister who strongly did not want the property sold at any costs would not agree to a retention of any land portion solution. Suggestions for how about a quarter of the Maine land acreage here or on this end were not successful. If a family member is determined to stop an estate sale, it leaves no other course of action than petition to partition the real estate.
The expression “time has a way of working things out” is applied a lot in Maine.
When the money to take legal remedies is not available, life can open up new options. The loss of a family member, the need for their share of the proceeds to help one of their kids or pay expenses of medical procedures. All those life situations can open up new remedies to try if you have the time to wait.
The money to continue to pay the property taxes or keep mortgage payments current can create financial pressure. Whoever is not carrying the property upkeep or expenses is not so much in a hurry to sell. Those that are feel differently and tensions build. The value of the property, especially when there are buildings needing repairs and maintenance, can decline just like real estate market conditions if neglected.
But until all family members of a jointly owned property are in agreement on selling and at an agreement price, everything is on hold in a Maine real estate sale.
Unless someone wants to buy a fractional interest of a property owner who will sell. And then become partners with usually a total stranger which does fraught with issues. Other family members sometimes buy out those ready to sell and increase their ownership interest in the commonly owned property for a greater say in what happens to the Maine real estate.
Is there enough property to divide the pie and what about subdivision laws in Maine?
With Maine land, if you make more than two pieces of property in a five year period for sub lots, that requires subdivision approval handling.
Soil tests, surveying plat maps, municipal approval require time, money and no guarantee of approval.
More about petition to partition legal remedies when all the property owners of Maine real estate don’t want to list, market, sell. Petition to partition is much like a divorce and parting ways. The parties involved in any legal recourse do not always remain free and easy, warm and fuzzy.
Selling a family owned property when one or more of the members vehemently fight the sale is bound to create hard feelings.
The loss of a loved one creates sorrow and anguish by itself as family member begin the healing recovery process.
A forced sale of jointly owned property, sounds awful right? Legal action is nothing to rush into but always part of the consideration in probate proceedings where there are lots of heirs, no shortage of opinions and strong feelings.
In listing, marketing, selling real estate in Maine, major effort is always put into mediating a family or neighboring property owner dispute.
Splitting up family owned real estate in Maine can create high emotion and distress for anyone in the minority. No one wants to go to court and be forced to do anything they feel strongly about, especially when talking a family estate property division. Forcing a real estate sale in Maine anyone is opposed can split up a family connection for good.
One real estate sale where the issue of where the property line was did get worked out without using the court system.
The center of a gravel pit esker or “horseback” was the dividing line. Where the boundary line was disappeared as gravel load after load was removed. Instead and splitting hairs trying to figure out exactly where it was fifty years ago, let’s shoot a straight line.
Each neighbor signs a release deed to everything if anything they own the other side of this compass bearing surveyor’s line.
Problem solved with a practical, economic solution worked out between the parties instead of a judge wearing a robe and using a gavel.
Thank you for staying on the Maine real estate blog post and reading to the end.
Consult your local attorney for the options, the best course of action on any real estate legal matter. Hope this blog post on petition to partition legal remedy is helpful and is in no way intended to be taken as real estate legal advice.
I’m Maine REALTOR Andrew Mooers, ME Broker
207.532.6573 | info@mooersrealty.com | MOOERS REALTY 69 North ST Houlton ME 04730 USA
