Disclaimer: This article is for general informational purposes only and is not legal advice. Laws change and every case is different. Consult an attorney licensed in Nevada about your specific situation before taking legal action.

Detailed answer: How partition or forced sale of co-owned farmland works in Nevada

If two or more people own farmland together and cannot agree on use, sale, or division, Nevada law allows a co-owner to ask a court to divide the land or force its sale. This court process is commonly called a partition action. The basic choices are (1) partition in kind (physically dividing the land into separate parcels) or (2) partition by sale (selling the whole property and dividing the proceeds). Nevada statutes and court rules govern how a partition action starts and proceeds; see Nevada Revised Statutes (NRS) for the statutes on real property actions: https://www.leg.state.nv.us/NRS/NRS-040.html.

1) Who can file

A co-owner (owner of an undivided interest) in the farmland—typically a tenant in common—can file a partition action in Nevada district court to divide or sell the property. Joint tenants may also bring a partition action, but the legal relationships (for example, survivorship rights) can affect the outcome.

2) Decide goals and try to negotiate first

Court actions cost time and money. Common non‑court solutions include: buyout (one owner buys out others), voluntary subdivision and re-recording deeds, or selling to a third party by agreement. Try mediation or negotiation before filing.

3) Filing the partition complaint

If negotiation fails, the co-owner files a partition complaint in the Nevada district court where the land lies. The complaint identifies the property, lists all owners and parties with recorded interests (mortgages, lienholders, easements), and requests partition in kind or partition by sale. The court will require that all necessary parties be served so the court can resolve the entire ownership picture.

4) Court considers partition in kind vs. partition by sale

The court prefers partition in kind (physically dividing the land) when it is practical and fair. If a fair physical division would be impracticable, would significantly reduce the value, or injure the property’s utility (common with small or highly improved farms), the court orders partition by sale. The court balances factors including acreage, access, water rights, improvements, and whether physical division would be equitable among owners.

5) Appointment of commissioners or referees

When the court orders partition, it commonly appoints neutral commissioners or a referee to survey the property, prepare proposed divisions (if partition in kind), or to handle the sale process (if partition by sale). Commissioners examine the land, consider values, map out divisions, and report recommendations to the court. Parties can object to the commissioners’ report and ask the court to modify it.

6) Handling liens, mortgages, and third-party interests

The court will address recorded liens, mortgages, and third‑party rights before distributing proceeds or issuing deeds. Creditors may be paid from sale proceeds in priority order. The complaint must name lienholders so the court can bind them to the outcome or bring them into the action.

7) Sale process (if ordered)

If the court orders a sale, it will set terms for a public sale or appointment of a commissioner to sell. The court typically requires notice and perhaps publication. After sale, the court supervises distribution of proceeds (paying costs, mortgages, taxes, and distributing net proceeds to owners according to their interests).

8) Accounting and final distribution

The court requires an accounting: sale price or values, costs of partition, taxes, mortgage payoffs, improvements paid by particular owners, and final division or payment. The judgment reflects these adjustments and directs recording of deeds or distribution of proceeds.

9) Timeline and costs

Timeline varies. Simple negotiated solutions can be weeks to months. Full partition litigation typically takes many months to over a year, depending on complexity, surveys, court schedules, and appeals. Costs include filing fees, surveyor/commissioner fees, attorney fees, appraisal costs, and possible costs to preserve the property (insurance, maintenance). The court may allocate costs between the parties.

10) Practical issues unique to farmland

• Water rights and irrigation access: These rights can be as valuable as land and complicate division.
• Conservation easements, farm leases, and government program enrollments: They can restrict subdivision or sale and can affect valuation.
• Seasonal operations: Timing a sale during off-season or after harvest affects value and practicality.
• Farm equipment and structures: These may be distributed or sold separately and accounted for in the partition accounting.

Relevant Nevada law and where to read it

Nevada statutes and court rules govern partition actions and related procedure. For statutes affecting real property actions and partition procedure, see Nevada Revised Statutes (NRS): https://www.leg.state.nv.us/NRS/NRS-040.html. For court procedure and local rules, check the Nevada Rules of Civil Procedure and the local rules for the district where the land is located (district court web pages).

Common complications and how courts typically handle them

• Unequal contributions: If one owner paid for improvements or mortgage payments, the court may reimburse that owner from sale proceeds before dividing the remainder.
• Disputed boundaries: The court may order a survey or quiet-title action to resolve boundary disputes before partition.
• Liens or creditors: Creditors with recorded liens are usually paid from sale proceeds according to priority.
• Co-owner occupying the property: The court may order rents and profits to be accounted for and may require occupants to allow inspection or sale steps.
• Multiple owners with small fractional interests: The court often orders a sale as division in kind is impractical.

What documents and evidence you should gather

• All deeds, title reports, and recorded instruments affecting the property (mortgages, easements, liens).
• Survey maps, legal descriptions, and plats.
• Records of payments for taxes, improvements, mortgages, and maintenance.
• Leases, tenant agreements, and schedules for agricultural programs (e.g., conservation easements).
• Communications among co-owners showing offers, negotiations, or agreements.

When to talk to an attorney

Consult an attorney licensed in Nevada early if you face: contested ownership, complex water or easement issues, significant liens or mortgages, or if you need a court to enforce your rights. Ask for an attorney who regularly handles real property and partition cases in Nevada district courts. An attorney can explain likely outcomes, draft pleadings, manage service to all parties, and represent you in hearings and appeals.

Helpful hints

• Try a written buyout offer before filing; courts often favor private compromise.
• Get an up‑to‑date title report early to identify lienholders and interests that must be joined.
• Obtain an independent appraisal to support value positions and to assist the court or commissioners.
• Consider mediation; judges may order or encourage it to avoid costly litigation.
• Preserve records of payments and improvements—these affect reimbursement and final distributions.
• Plan for water rights and access—these often determine whether land can be divided fairly.
• Be prepared for costs and time: partition litigation can be lengthy and reduce net value by legal and sale costs.
• Contact the local county recorder and assessor to verify legal descriptions, tax status, and encumbrances early.