Co-Owned Farmland Partition in New Hampshire

How co-owners can divide or force the sale of farmland under New Hampshire law

Short answer: Co-owners can split land by agreement or ask a court to order a partition. A court may order a physical division (partition in kind) when feasible or a sale with proceeds divided among owners (partition by sale) when division would be impractical or unfair. The process usually begins with negotiation and, if that fails, a partition lawsuit in superior court.

Disclaimer

This article explains general New Hampshire procedures and typical legal issues. It is educational only and is not legal advice. For advice about a specific property, contact a licensed New Hampshire attorney.

Overview of how partition works in New Hampshire

Partition resolves disputes between co-owners (tenants in common or joint tenants) over property use, management, or sale. The court’s goal is to divide the property fairly according to ownership shares. The most common outcomes are:

Partition in kind — the court or a court-appointed official divides the land into separate parcels so each owner receives a physical portion.
Partition by sale — the court orders the property sold and divides the net sale proceeds among the owners.

New Hampshire statutes and court rules set out civil procedures; for the text of New Hampshire laws see the Revised Statutes Annotated (RSA): https://www.gencourt.state.nh.us/rsa/html/. For court procedures and local filing information, see the New Hampshire Judicial Branch: https://www.courts.state.nh.us/.

Step-by-step: Typical path to dividing or forcing sale

Confirm ownership and shares. Gather deeds, title reports, and any written agreements (partnerships, operating agreements, wills). Determine whether owners hold title as tenants in common, joint tenants with right of survivorship, or through an entity. Accurate ownership records determine share distribution.
Try negotiation and alternatives first. Ask owners if someone will buy out others, or if the owners will agree to a voluntary sale. Alternatives include mediation, family agreements, or selling the whole property by mutual consent. These options save time and cost.
Consider tax and program consequences. Check for current-use (agricultural) tax status, conservation easements, or government program enrollments. Converting farmland or selling pieces can trigger rollback taxes or penalties and can affect eligibility for state or federal farm programs. Consult a tax adviser or county assessor before acting.
Obtain a professional appraisal and survey. An up-to-date appraisal and boundary survey help the court decide whether physical division is feasible and how to allocate value. Surveys also expose encroachments, easements, and access issues.
Prepare and file a partition complaint. If negotiation fails, a co-owner files a civil complaint in the appropriate New Hampshire court asking for partition. The complaint typically names all co-owners and describes title, shares, and requested relief (partition in kind or sale).
Serve all interested parties and allow responses. The defendant co-owners, any mortgage or lien holders, and others with recorded interests must be served. Those parties can answer, assert counterclaims, or ask the court for other relief.
Temporary orders and preservation steps. A party can ask the court for temporary relief to preserve value: restrict use, require upkeep, or prevent major changes that diminish value.
Appraisals, discovery, and inspection. The court may require appraisals, environmental reports, or other inspections. Parties exchange evidence through discovery.
Commissioner or referee appointment (common practice). Courts often appoint a commissioner, master, or referee to investigate, recommend whether partition in kind is practicable, map proposed divisions, or supervise a sale. The court reviews the report and issues an order.
Court decision: in kind or by sale. If the court finds the land can be fairly divided without prejudice to owners, it may order partition in kind. If division would cause substantial reduction in value or is impractical (e.g., one contiguous parcel cannot be split usefully), the court may order sale and distribution of proceeds.
Implementation: division or sale. For partition in kind, the court (or commissioner) prepares deeds that convey newly created parcels to owners in proportion to their shares. For partition by sale, the court supervises a public sale or authorizes a private sale, pays liens and costs from proceeds, and distributes the remainder according to ownership shares.
Accounting and final judgment. The court issues a final judgment and directs recording of new deeds or distribution of sale proceeds. Liens, mortgages, and taxes are paid according to priority before net proceeds are divided.

Key factors courts consider when choosing division vs sale

Practicability of dividing the land into usable parcels.
Relative value differences created by division (severance damages).
Physical features: access, shape, soil quality, and improvements (barns, homes, wells).
Existing encumbrances: mortgages, easements, conservation restrictions, or agricultural program conditions.
Number of owners and their competing interests or uses.

Common issues and complications

Liens and mortgages: Creditors may claim proceeds; title must be cleared before distribution.
Conservation easements / current-use: Restrictions can limit subdivision or sale and can trigger change-of-use taxes. Investigate recorded conservation interests before partition.
Improvements and personal property: Limits on how to apportion farm equipment, buildings, or livestock; the court may allocate or order sale of personal property.
Family or business disputes: Partition actions commonly follow family or business breakups; expect emotional disputes and potential for prolonged litigation.

Timing and likely costs

Timing varies substantially: a simple negotiated buyout can take weeks; a contested partition can take many months or over a year. Costs include filing fees, attorneys’ fees, appraisals, surveys, commissioner fees, and sale expenses. Courts sometimes allocate costs between parties depending on outcomes.

Alternatives to a court-ordered partition

Buyout by one or more co-owners.
Voluntary sale and division of proceeds.
Mediation or arbitration to reach an agreement faster.
Partition by private agreement, where owners agree on a deed map instead of litigation.
Converting joint ownership into an entity (LLC or trust) to enable managed sale or buyouts under agreed rules.

How to prepare before filing or talking to a lawyer

Collect deeds, title insurance, and any written agreements between owners.
Get a recent appraisal and an approximate survey or plot plan.
List mortgages, liens, and recorded easements or conservation restrictions.
Document each owner’s contributions (improvements, payments, labor) and any informal agreements about use or revenue sharing.
Think about goals: do you want land you can farm, cash from a sale, or to preserve the land as farmland?

Finding the right help

Because partition actions mix property law, real estate practice, and procedural rules, consult a New Hampshire attorney experienced in real estate or civil litigation. If costs are a concern, consider mediation services or limited-scope representation. For court forms and filing locations, visit the New Hampshire Judicial Branch website: https://www.courts.state.nh.us/.

Helpful Hints

Start with a calm discussion. Many partitions succeed through negotiated buyouts or mediated solutions.
Order an appraisal early. Knowing fair value guides reasonable offers and settlement talks.
Check for conservation easements and current-use tax status before planning subdivision or sale; these can limit options and create tax obligations.
Keep written records of payments, improvements, and agreements between owners to avoid disputes later.
Consider hiring a land surveyor to identify practical division lines before spending on litigation.
Expect court timelines and build time and fees into your decision-making.
Ask a lawyer about whether a buyout or a partition action is likely to be cheaper and faster in your situation.

Note: This article summarizes typical New Hampshire processes and practical steps. Laws change, and outcomes depend on facts. For specific legal advice, contact a New Hampshire-licensed attorney.