Detailed Answer

Short answer: In Massachusetts a court trying a partition action will try to divide land physically (partition in kind) when it is practical. When some acres are demonstrably more valuable than others the court uses appraisals, commissioners, and money adjustments so each co‑owner receives a fair share. If physical division cannot produce reasonably equal values, the court may order a sale and divide the proceeds.

How partition works in Massachusetts (overview)

Any joint owner (joint tenant or tenant in common) can ask the court for partition under Massachusetts law. The court commonly follows these steps:

Petition is filed and parties are notified.
The court may appoint commissioners (or referees) to survey, value, and propose physical divisions.
The commissioners report back with maps, appraisals, and recommendations.
The court approves a division in kind if practicable. If not practicable, the court orders sale and divides net proceeds.

The statutory framework for partition actions is in Chapter 241 of the Massachusetts General Laws. See Massachusetts General Laws, Chapter 241: https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter241.

Partition in kind vs. partition by sale

Partition in kind means the land is divided into separate parcels and each owner receives a parcel. Partition by sale means the property is sold (usually at auction or judicial sale) and proceeds are split.

The court prefers partition in kind when it can achieve substantially equal values among the resulting parcels. If the acreage and quality vary, the court will try to balance value, not just acreage. When balancing is not possible or would be unfair or impractical, the court orders a sale and divides the money.

When some acres are better than others: how the court equalizes value

Massachusetts courts and appointed commissioners take these practical steps to account for differing land quality:

Appraisal and valuation: Commissioners or appraisers estimate fair market values of different portions of the property based on factors like soil quality, frontage, access, topography, utilities, zoning, and development potential.
Allocating parcels by value: Rather than splitting by acres, the court allocates parcels so the market value of each owner’s parcel matches their ownership share as closely as possible.
Money adjustments (equalization payments): If one co‑owner receives a parcel worth more than their fractional share, the court can require that owner to pay money to the other owners to equalize the distribution. Conversely, a co‑owner who receives a lower‑value parcel may receive a cash credit.
Ordering a sale if needed: If dividing the land would destroy value (for example, creating nonviable lots, leaving land landlocked, or violating zoning), the court may order sale and division of proceeds.

Practical example (hypothetical)

Facts: Three owners (A, B, C) own 90 acres as tenants in common, with equal 1/3 shares. The property contains 60 acres of rich, buildable land (high value) and 30 acres of steep, infertile hill (low value). The market value: buildable acres $6,000/acre; poor acres $500/acre. Total value = (60 × 6,000) + (30 × 500) = 360,000 + 15,000 = $375,000. Each owner’s 1/3 share ≈ $125,000.

Possible outcomes:

Physical division: The commissioners might create three parcels that mix buildable and poor acres so each parcel’s appraised value ≈ $125,000. One parcel might have 20 buildable acres (≈$120,000) plus some poor acres, another 20 buildable plus poor acres, etc. If perfect balancing is impossible, the court can order money payments so each owner’s net value equals about $125,000.
Buyout: One owner could take the best parcel but must pay the others the differences to equalize the shares.
Sale: If the land can’t be divided into reasonably equal‑value parcels (for example, the best acres are contiguous and can’t be split without destroying value), the court may order sale and split proceeds ($375,000 less costs), so each owner gets ≈ $125,000.

Other factors that affect division and value adjustments

Improvements and contributions: If a co‑owner paid for improvements, taxes, mortgage payments, or made repairs, they may claim credit against the proceeds or an adjustment in distribution. The court will consider equitable credits.
Liens and mortgages: Outstanding mortgages or liens remain attached and typically reduce net proceeds or affect who receives a particular parcel subject to the lien. The court accounts for lien priority when allocating distribution.
Zoning, access, and easements: Lack of road frontage, zoning restrictions, or easements lower value. The court and appraisers factor these into parcel valuations.
Costs: Survey, appraisal, commissioner fees, attorneys’ fees, and sale costs reduce payout when the property is sold.

What you should do if you are a co‑owner facing partition in Massachusetts

Collect ownership documents: deeds, mortgages, and any written agreements. Confirm each owner’s ownership share.
Get a current appraisal or at least a market analysis to understand disparities in value across the property.
Consider negotiation or mediation: Parties often avoid sale by agreeing on buyouts, trades, or creative splits that the court would approve.
Consult a Massachusetts real estate attorney experienced with partition actions. They can explain likely outcomes under M.G.L. c. 241 and represent your interests in commissioner hearings or court.
If you plan to keep a parcel, be prepared to offer an equalizing payment or assume liens, taxes, or mortgage responsibility.

Relevant Massachusetts law

Partition actions and the court’s authority appear in Massachusetts General Laws, Chapter 241: https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter241. That chapter describes the right to partition, appointment of commissioners, and sale procedures. For details on procedure, consult the statute and consider local court rules.

Helpful Hints

Do not assume equal acreage equals equal value. Courts balance market value, not just acres.
Get at least one professional appraisal that distinguishes high‑value from low‑value acreage.
Consider mediation early — it often preserves value and saves legal fees.
Watch for liens, unpaid taxes, and mortgages — they affect net distribution and may influence whether someone will accept a parcel.
If you want to keep part of the land, be prepared to pay an equalizing sum or take on encumbrances tied to your parcel.
Document contributions (tax payments, improvements) you claim as credits before filing suit or during proceedings.
Ask the court to appoint competent commissioners and, if necessary, request specific expertise (surveyors, appraisers) to value distinct parcels accurately.

How an attorney can help

An attorney can evaluate whether partition in kind is realistic, help negotiate buyouts or trades, represent you in commissioner hearings, object to unreasonable appraisals, protect your lien or credit claims, and, if needed, handle a sale process so you receive your fair share net of costs.

Disclaimer: This article explains general Massachusetts law about partition of real property. It is not legal advice and does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Massachusetts attorney who handles partition and real estate matters.