How heirs can divide or force the sale of co-owned farmland in Massachusetts

Short answer: If heirs who co-own a farm cannot agree, Massachusetts law allows a co-owner to file a partition action asking the court either to divide the land among the owners (partition in kind) or to order a sale with proceeds divided among owners (partition by sale). Courts prefer division in kind when practical, but they will order a sale when physical division would be impractical or inequitable. The process uses Massachusetts procedures for partition and may involve appraisals, court-appointed commissioners, and the Land Court or other trial court. This is general information only and not legal advice.

Detailed answer — how partition and alternatives work in Massachusetts

1) The basic legal remedy: a partition action

If one or more co-owners (for example, heirs who inherited a farm as tenants in common) cannot reach an agreement, any co-owner can file a partition action asking a Massachusetts court to divide or sell the property. The controlling statutes and procedures for partition in Massachusetts are found in the state law on partition. See Massachusetts General Laws, chapter 241: M.G.L. c. 241 (Partition). Courts with jurisdiction over real estate matters (including the Land Court and the appropriate trial court) handle these cases. For practical court information see the Massachusetts Land Court: mass.gov — Land Court.

What the court can do:

Order partition in kind — physically divide the parcel so each owner receives a separate portion matching their ownership share, if this is reasonably possible without unfairness to any owner.
Order a sale (partition by sale) — if dividing the farm would destroy its value or be impractical (for example, a single-family farmhouse with contiguous fields that cannot be usefully split), the court may order the property sold and the net proceeds distributed according to each owner’s share.
Appoint commissioners, referees, or a receiver — the court often appoints neutral professionals to survey, value, divide, or sell the property and report back to the court.

2) Typical procedural steps

Prepare and file a complaint for partition in the appropriate court (often the Land Court or the county Superior Court depending on the circumstances).
Serve the complaint on all co-owners and interested parties (mortgagees, lienholders, lessees).
Discovery, appraisal, and possible court site inspection — courts frequently appoint commissioners to evaluate whether an in-kind partition is feasible and to recommend a plan or a sale.
Hearing or trial — the court decides whether to divide the property (and how) or to order a sale. If sale is ordered, the court will oversee the sale process or direct the commissioners to sell.
Distribution of proceeds — after satisfying mortgages, liens, costs, and expenses, the court distributes proceeds among owners according to their legal shares.

3) Factors the court considers

Whether the land can be physically divided without unduly harming agricultural use or market value.
Whether division would be impractical, wasteful, or unfair to one or more co-owners (for example splitting a single farmhouse or breaking up productive fields).
Existing encumbrances (mortgages, liens, leases, easements) and conservation restrictions that affect how land may be used or sold.
Costs of partition (attorney fees, appraisal, surveying, sale commissions) versus the likely benefit of a division.

4) Practical alternatives to a court-ordered partition

Because partition can be costly, disruptive, and slow, heirs often pursue alternatives, including:

Voluntary buyout: One or more heirs buy the others’ interests at a negotiated price based on market appraisal.
Mediation or negotiation: A mediator helps heirs reach a sale or division agreement before litigation.
Family settlement agreements: Heirs agree on an allocation plan, sometimes using trusts, LLCs, or farm corporations to preserve operation and specify buy-sell terms.
Leasing or managed operation: Heirs keep property together and lease it to a farmer, sharing net income until they can agree on a permanent resolution.
Sale to an outside buyer: Heirs agree to list and sell the farm and split net proceeds per ownership shares.
Conservation or agricultural programs: Selling a conservation or agricultural preservation restriction may generate funds while keeping the land agricultural; note these programs have rules that can affect marketability.

5) How proceeds and costs are handled

When a sale occurs, the court or selling officer first pays mortgages, liens, taxes, and partition expenses (appraisals, survey, legal fees, sale costs). Remaining net proceeds are divided according to each owner’s legal ownership share unless the court finds equitable reasons to adjust distribution (for example, contributions to improvements or payments of property taxes by one co-owner).

6) Timelines and likely costs

Partition actions vary widely in length and cost. A relatively uncontested partition can resolve in several months; contested actions with appraisals, surveys, and appeals can take a year or more and become expensive. Expect court fees, attorney fees, appraisal and survey costs, and possible sale commissions. Because farms are often hard to split without harming value, partition actions for farmland often end in sale.

7) Special considerations for farmland

Operational value: Farms often lose value if split. That reality pushes courts toward sale rather than awkward in-kind division.
Easements and conservation restrictions: These can limit how the land is divided or sold and may affect price; check recorded restrictions before assuming sale value.
Local land-use and zoning: Subdivision rules, frontage requirements, and agricultural zoning can make in-kind division impossible or expensive.
Programs that affect sales: If the farm participates in a state agricultural or conservation program, that program’s rules may impose restrictions or rights of first refusal—check program agreements and recorded instruments.

What you should do next

Collect key documents: deed(s), wills, probate orders (if any), mortgage and lien information, leases, conservation easements, and recent tax assessments.
Get a current market appraisal and a survey (or determine if one exists) to understand divisibility and value.
Talk with co-owners about alternatives: buyout, mediation, or a negotiated sale. Mediation is often faster and cheaper than litigation.
Consult a Massachusetts attorney experienced in real estate and partition law (or farm/agribusiness matters). They can explain court options, likely outcomes, and whether Land Court or another forum is best for your case.
If you intend to file, act promptly to preserve rights and ensure proper service to all parties and lienholders.

Important statutory reference: Massachusetts partition law — see M.G.L. c. 241: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleV/Chapter241. For practical court filing and Land Court procedures, see the Massachusetts Land Court at https://www.mass.gov/orgs/land-court.

Helpful Hints

Don’t file a partition complaint before getting basic facts: who holds title, mortgages, leases, and recorded restrictions. Missing parties or liens can complicate and delay the case.
Get an independent appraisal early. If the farm can’t be split without destroying value, that appraisal supports an argument for a court-ordered sale and helps structure buyout offers.
Consider mediation first. Courts often encourage settlement, and a mediated buyout or sale splits costs and preserves family relationships.
Budget for costs. Partition litigation and forced sales can be expensive; compare those costs to reasonable buyout offers or voluntary sale proceeds.
Check conservation or program restrictions. If the farm participates in any state agricultural or conservation program, find and read recorded documents—those can create steps (like notice periods or rights of first refusal) that affect any sale.
Ask about tax consequences. Selling or transferring farmland can trigger income tax or capital gains consequences for heirs; consult a tax professional.
Work with counsel familiar with Massachusetts land and probate law. Partition involves procedural and equitable issues that vary by state and by local courthouse practice.

Disclaimer: This article explains general Massachusetts law and common practices for dividing or selling co-owned farmland. It is not legal advice. For guidance about a specific situation, consult a licensed Massachusetts attorney familiar with partition and farm property matters.