Short Answer

Yes. In Mississippi, co-owners of farmland can either divide the land among themselves (partition in kind) or force a sale through a court action (partition by sale) when they cannot agree. Partition actions are equity matters handled in chancery court. The judge can order the property divided or sold and the proceeds distributed according to each owner’s share. See Mississippi Code (search Title 11, Chapter 21 for partition statutes) for statutory guidance: Mississippi Legislature (Mississippi Code). This article explains the typical steps, what the court considers, what documents you’ll need, alternatives, and practical tips.

Detailed answer — step-by-step under Mississippi law

1) Confirm ownership type and shares

Begin by confirming how the farmland is owned: tenancy in common, joint tenancy, partnership, or corporate ownership. Tenants in common each own an individual fractional interest that can be partitioned. Joint tenancy may include rights of survivorship that affect disposition. The owner’s share (percentage) determines how sale proceeds or divided acreage get allocated.

2) Try to resolve the dispute without court

Courts favor voluntary settlement. Common options before filing suit:

Negotiated buyout (one owner buys another’s share).
Partition by agreement: owners agree on physical division, easements, or responsibilities.
Mediation or arbitration to set price and division.

3) If negotiation fails, file a partition action in chancery court

In Mississippi, partition actions are equitable remedies traditionally filed in chancery court in the county where the land lies. A typical complaint:

Names all co-owners and known lienholders or parties with recorded interests.
Describes the property and each party’s claimed share.
Asks the court to partition the property in kind or, if that’s impracticable, to order a sale and distribute proceeds.

After filing, the plaintiff must serve all defendants and interested parties so they can appear and protect their rights.

4) Court process: pleadings, discovery, and hearings

Once the case is filed, parties exchange information (title documents, surveys, lease agreements, records of rent/profits, taxes, and mortgages). A judge may hold hearings on whether a physical division is possible without prejudice to any owner.

5) Expert appraisal and survey

The court commonly orders a certified survey and appraisals to determine:

whether the property can be fairly divided (partition in kind),
the relative values of any subdivided tracts, and
if sale is necessary, an accurate market value for sale planning.

6) Partition in kind vs. partition by sale

The court has two principal remedies:

Partition in kind — physically divide the land among co-owners when division is practical and fair. The court may adjust boundaries or require payments between owners so the division matches ownership percentages.
Partition by sale — order a public sale when physical division is impractical, would materially reduce property value, or cause prejudice to owners. The court then directs sale procedures and distribution of proceeds after lien satisfaction and costs.

When determining which remedy to use, courts consider: feasibility of division, relative sizes and shapes of parcels, agricultural productivity, access (roads/rights-of-way), mortgages or liens, and whether division would be prejudicial.

7) Appointment of commissioners or referees

Chancery courts often appoint commissioners/referees to inspect the property, propose a practical division or sale plan, and organize steps such as advertising and conducting an auction. The court reviews their report and may confirm it with modifications.

8) Conducting the sale and distributing proceeds

If the court orders a sale, it typically directs a public auction (often under chancery court supervision). From the sale proceeds, the court will pay:

recorded mortgages and liens,
court costs and sale expenses,
commissions or fees for appraisers/commissioners, and
then distribute the net proceeds according to each owner’s interest.

The court may also enter an account for rents and profits if the property produced income during the litigation period.

9) Timing and costs

Partition suits can take many months to over a year depending on title complexity, disputes over shares, required surveys/appraisals, and appeals. Expect court and professional fees (surveyors, appraisers, commissioners), and attorney fees (Mississippi courts may award attorney fees in narrow circumstances—check your case facts and any contract or statute). Budget accordingly.

10) Common post-judgment matters

After a sale, the court signs an order confirming sale and directing distribution. The successful buyer obtains clear title as ordered. Parties unhappy with the judgment may have appellate remedies, subject to strict deadlines.

Statutory research: Partition actions and related procedures are found in the Mississippi Code. For statutory language and exact procedures, search the Mississippi Code on the Legislature’s site and look for Title 11, Chapter 21 (partition) and related chancery procedure resources at the Mississippi courts site: Mississippi Legislature (Mississippi Code) and Mississippi Courts (chancery court information).

Key documents and information to gather before contacting an attorney

Deeds showing chain of title and each co-owner’s interest.
Any partnership, LLC, or operating agreement affecting the land.
Current survey, legal description, and tax parcel numbers.
Lease agreements, crop-share contracts, and records of rents/profits.
Mortgage statements, liens, and tax records.
Evidence of improvements, costs, and who paid what (receipts, invoices).
Communications between co-owners about division or sale.

Alternatives to a court-ordered partition

Structured buyout with a professionally prepared agreement and appraisal.
Mediation to allocate parcels, easements, or income so farming can continue.
Formation of a farmland-owning entity (LLC or partnership) with buy-sell rules to manage future disputes.
Refinance or restructure debts so a single party can acquire the others’ shares.

Helpful Hints

Talk to a Mississippi attorney experienced in chancery court and real estate partition early—this can avoid costly mistakes.
Get a current, independent appraisal and survey before negotiations or litigation.
Preserve documentation of who worked the land, who paid taxes, and who received income—courts account for rents/profits.
Consider mediation: it is faster, often cheaper, and preserves farming operations and relationships.
Include all recorded lienholders in any action—missed parties can derail a sale or require re-litigation.
Be realistic about costs: legal, appraisal, survey, and sale expenses will reduce net proceeds or increase buyout price requirements.
Ask your lawyer about tax consequences from a sale (capital gains and allocation of basis among owners).
If you are farming the land, keep operating records and follow lease terms—failure to do so can affect how the court treats rents and profits.

Disclaimer: This article explains general principles of Mississippi law and common steps in partition/forced sale situations. It is educational only and not legal advice. Laws change and every case has unique facts. Consult a licensed Mississippi attorney to get advice tailored to your situation.