Detailed Answer

Short overview: Co-owned farmland in Maryland can be divided by agreement or, if co-owners cannot agree, by filing a court action for partition. The court can order a physical division (partition in kind) when feasible or a sale of the property with proceeds divided among the owners. The process begins with verifying ownership and title, attempting voluntary solutions (agreement, buyout, or mediation), and—if those fail—proceeding to a partition action in the circuit court.

Key legal context (what to know first)

Type of ownership matters: tenancy in common is the usual form where any co-owner may seek partition; property held as tenancy by the entirety (typically between married spouses) has different protections.
Federal, state, or local conservation easements, agricultural preservation programs, mortgages, liens, or active farm subsidies can limit division or sale.
Court rules and statutes set the procedure and timelines; Maryland courts generally prefer partition in kind when it is practicable and fair.

For background on Maryland law sources, see the Maryland Judiciary rules and the Maryland Code (Real Property) via the Maryland General Assembly: Maryland Courts and Maryland Code — Real Property. See the Maryland Rules at mdcourts.gov/rules.

Typical step-by-step process to divide or force the sale

Confirm ownership and title details:
Obtain a copy of the deed(s), review the chain of title, and establish how the land is owned (tenants in common, joint tenants, tenants by the entirety). Identify mortgages, liens, easements, and any recorded agricultural preservation or conservation restrictions that limit transfer or division.
Try voluntary options first:
- Negotiate a buyout where one or more owners buy out others at an agreed price.
- Agree to a physical division (partition in kind) splitting fields or parcels so each owner receives a portion of the land.
- Consider mediation to reach an agreement without filing suit.
- Check any right-of-first-refusal clauses in preservation easements or government programs before selling to a third party.
If voluntary measures fail, file a partition action in circuit court:
A co-owner files a complaint seeking partition. The complaint names all co-owners and requests that the court divide the land or order a sale. The court will serve process and allow co-owners to answer.
Court evaluates whether partition in kind is practicable:
The judge examines whether the farm can be divided fairly without materially harming value or farming operations. If so, the court may order a partition in kind and appoint a surveyor or commissioner to prepare a division plan. If division would be impractical or unfair, the court will order a sale and divide proceeds after costs, liens, and credits.
Appointment of commissioner or master and valuation:
The court may appoint a commissioner, referee, or surveyor to map proposed divisions, value the property, and handle sale logistics if required. The commissioner reports back to the court, which approves or adjusts the plan.
Sale (if ordered):
The sale may be by public auction or private sale under court supervision. The court typically orders payment of outstanding liens, taxes, and court costs from the sale proceeds before distributing the remainder to owners per their ownership shares.
Accounting and credits:
Co-owners may be entitled to credit for contributions to mortgage payments, taxes, improvements, or necessary repairs. The court can order equitable adjustments in the final division or distribution.
Final judgment and recording:
After sale or division and payment of debts, the court enters a final order or decree. Deeds or partition documents are recorded in the local land records to reflect new ownership.

Practical considerations for farmland

Dividing workable farm acreage may be technically difficult—field layout, shared improvements (barns, silos, drainage), and access roads can make partition in kind impractical.
A forced sale may fetch more if the market values the whole farm more highly than divided lots—but courts weigh fairness and practicality.
Conservation easements or land preservation programs can restrict subdivision or resale; notify relevant agencies and review recorded restrictions before litigation.

Hypothetical example

Three siblings inherit 120 acres as tenants in common. One wants to farm the land and offers to buy the others out, but they refuse. A survey shows that dividing into three contiguous, workable 40-acre tracts would split access to a shared irrigation line and reduce value. A county agricultural conservation easement limits subdivision. The sibling who wants the farm files a partition action. The court finds partition in kind impracticable because of the easement and shared improvements and orders a supervised sale. After sale and paying the mortgage, taxes, and court costs, the court divides the net proceeds according to ownership shares, with an adjustment credit to the sibling who managed farm operations and paid certain expenses.

When you cannot force a sale

If the property is held as tenancy by the entirety, one spouse alone generally cannot force a partition under Maryland law; both spouses must agree or a divorce/court order may be required.
Recorded restrictions (easements, preservation agreements, covenants) or bankruptcy stays can block or postpone sale.

Timing, costs, and likely outcome

Timeline: A contested partition action often takes several months to over a year, depending on complexity, appraisal needs, and appeals.
Costs: Court fees, attorney fees, surveyor and commissioner fees, appraisal costs, and sale-related expenses can reduce net proceeds. Expect material fees in contested matters.
Outcome: Courts favor partition in kind when fair and practical; otherwise courts order sale. Equitable credits and adjustments are common.

How to prepare before filing or responding

Obtain a recent copy of the deed and a certified title report or conduct a title search.
Gather records showing contributions to mortgage, taxes, repairs, and improvements.
Determine if easements, conservation restrictions, or farm preservation programs affect the property; check the Maryland Department of Agriculture Agricultural Land Preservation pages at mda.maryland.gov.
Consider valuation: get one or more appraisals to understand market value of the whole farm and potential divided parcels.

When to consult an attorney

Because partition actions touch title, liens, possible federal/state program restrictions, and equitable accounting, consult a Maryland real property attorney if:

Co-owners disagree and voluntary settlement seems unlikely.
The property is subject to easements, preservation agreements, or significant liens.
There are disputes about contributions, improvements, or management credits.

Maryland courts and statutes set the rules for partition litigation. For court procedure and rules, see Maryland Rules. For statutory background in the Real Property Code, see the Maryland General Assembly code search at Maryland Code — Real Property.

Helpful Hints

Start with a title search—knowing exactly how the property is titled can change your options immediately.
Try mediation early: it often saves time and money compared with litigation.
Check for agricultural preservation easements and program restrictions before negotiating sale terms; these can block subdivision or require agency notice.
Document contributions: keep records of payments for mortgage, taxes, repairs, and improvements to claim credits in court if needed.
Think about access and shared infrastructure—partition that isolates access roads or irrigation can reduce value and be rejected by a court.
Budget for commissioner/survey and appraisal costs if you file for partition—these are typically ordered by the court.
If you are one of multiple heirs, consider a buyout formula tied to independent appraisals to avoid long court fights.

Disclaimer: This article explains general Maryland legal concepts related to dividing or forcing the sale of co-owned farmland. It is educational only and does not constitute legal advice. For advice specific to your situation, consult a Maryland attorney licensed to practice in your county.