Abstract <p>When multiple persons own a land parcel, a well-defined title for each is critical for efficient land use. However, heir property co-owners are tenants in common, usually have a clouded title, and possess non-exclusionary property rights to the entire land. That often results in potential ownership, management, and partition conflicts, which is especially applicable to forestland. A review of the United States' partition laws revealed that 27 states have adopted or introduced the uniform partition law solely dedicated to solving heir property partition since 2010, whereas the remaining states still have traditional partition law applicable to all communal ownership types. An analysis of 221 legal cases revealed that disputes related to heir property on forestland were primarily adjudicated using common law. For most partition actions, courts could not divide disputed forestland into separately titled parcels and ended with a partition sale of the entire land. The findings have implications for heir property owners to avoid partition, for legal entities and personnel dedicated to solving heir property problems and designing legal strategies, and for lawmakers to revise relevant laws in response to the changing needs of society. </p>

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Dividing Heir Property on Forestland: Physically in Kind or Financially by Sale?

  • Mahesh Tiwari,
  • Changyou Sun,
  • Donald L. Grebner,
  • Ayoung Kim,
  • Eric McConnell

摘要

Abstract

When multiple persons own a land parcel, a well-defined title for each is critical for efficient land use. However, heir property co-owners are tenants in common, usually have a clouded title, and possess non-exclusionary property rights to the entire land. That often results in potential ownership, management, and partition conflicts, which is especially applicable to forestland. A review of the United States' partition laws revealed that 27 states have adopted or introduced the uniform partition law solely dedicated to solving heir property partition since 2010, whereas the remaining states still have traditional partition law applicable to all communal ownership types. An analysis of 221 legal cases revealed that disputes related to heir property on forestland were primarily adjudicated using common law. For most partition actions, courts could not divide disputed forestland into separately titled parcels and ended with a partition sale of the entire land. The findings have implications for heir property owners to avoid partition, for legal entities and personnel dedicated to solving heir property problems and designing legal strategies, and for lawmakers to revise relevant laws in response to the changing needs of society.