Detailed Answer

Short summary: In New Jersey, when co-owners ask a court to partition real property and portions of the land differ in value (some acres are “better” than others), the court will try to divide the property fairly. The court can (1) partition in kind (divide the land itself), (2) order a sale and divide the proceeds, or (3) use an allotment or accounting method so that one owner keeps a better portion and pays money or receives credit to equalize values. The court relies on appraisals, reports from a commissioned divider, and equitable adjustments for improvements, encumbrances, and prior contributions.

How New Jersey courts approach unequal-acreage value

New Jersey law gives the court flexible remedies to reach an equitable result when raw acreage does not reflect equal value. The general practice is:

Try partition in kind if feasible. If the tract can be physically divided into separate parcels that are reasonably equal in market value and practical use (access, utilities, zoning), the court prefers dividing the land itself.
If in-kind division would be unfair or impractical, order sale and division of proceeds. A public or private sale converts unequal land into money that the court divides according to ownership shares after costs, liens, and credits are applied.
Use allotment with compensating payments. When one co-owner keeps the higher-value acres, the court or a appointed commissioner can calculate the difference in value and order that owner to pay the other owner(s) a sum (or receive/deduct credit) so each ends up with the same net value for their ownership interest.

What the court examines to decide the right remedy

The court considers several facts to decide whether to divide the land in kind or sell it and how to equalize value:

Market value differences: formal appraisals or multiple appraisals of different parts of the tract.
Practicalities of division: access, roads, water, utilities, topography, environmental constraints, zoning and lot size requirements.
Improvements and expenses: buildings, fences, drainage, or other work done by one co-owner that increased value.
Liens, mortgages, ad valorem taxes, and outstanding assessments tied to particular parts of the property.
Historic use and contribution: who paid taxes, insurance, and maintenance; whether any co-owner excluded others (ouster) or committed waste.
Feasibility of a practical partition (can parcels be laid out so that each lot is usable?).

How the court equalizes value (typical methods)

When one parcel is worth more than another, the court uses one of these approaches:

Allotment with cash adjustment: The court awards the desirable parcel to one owner and orders a cash payment to the other owner(s) equal to the value difference.
Credit for improvements: If a co-owner added a building or other enhancement that increases value, the court may credit that co-owner for the improvement when dividing proceeds or allotting land.
Sale with division of proceeds: If neither in-kind division nor equitable allotment is fair or feasible, the court orders a sale and divides the net proceeds in proportion to ownership after liens and credits.
Appointment of a commissioner or appraiser: The court can appoint a neutral commissioner to propose a division, value the parts, and recommend cash adjustments; the court reviews and can adopt or modify the recommendation.

Practical example (hypothetical)

Two siblings, A and B, each own 50% of a 100-acre farm. The farm has 60 acres of good tillable soil and 40 acres of swamp with limited use. A wants the tillable land; B wants nothing but prefers money. The court may:

Order A receive the 60 acres of tillable land and pay B an amount representing B’s 50% share of total value minus what B keeps, as computed by appraisals; or
If dividing the property would leave parcels without road access or violate local lot-size rules, the court may order sale of the whole farm and split the proceeds after costs and credits; or
Appoint a commissioner to value the tillable and swamp acreage, assign the tillable to A, and calculate a monetary adjustment so both receive equal value net of costs.

Where partition cases are decided and where to find the law

Partition actions in New Jersey are typically brought in the Superior Court (Chancery Division; the court handles equitable relief such as partition). The court applies equitable principles and evidence (appraisals, surveys, witness testimony) in deciding whether to divide land in kind or sell it and how to account for differences in value.

For statutory texts and further guidance on state law resources, see the New Jersey Legislature’s laws portal and the New Jersey Courts website:

New Jersey Legislature — Laws & Constitution (search for statutes and terms related to partition or real property)
New Jersey Courts (information about court divisions and filing procedures)

When unequal value leads to other claims

Partition lawsuits often generate related claims that affect division and accounting:

Claims for reimbursement or credit for repairs or improvements paid by one co-owner.
Claims for rent or occupancy value if one co-owner excluded others or used the property exclusively.
Claims to enforce liens or mortgages that must be paid out of proceeds.
Claims of waste (destructive conduct) or trespass that can reduce a wrongdoer’s share.

Practical steps to prepare for a partition case in New Jersey

Obtain a recent survey and boundary map.
Get one or more appraisals that value different portions of the tract if the land clearly varies in quality.
Collect records of taxes, mortgages, liens, improvements, and receipts for expenditures on the property.
Document use history (who farmed, maintained, or occupied what parts and when).
Talk with a lawyer experienced in New Jersey real property and partition actions—expect that the lawyer will explain whether in-kind division, sale, or an allotment with payment is most likely.

Helpful Hints

Ask for multiple appraisals if the land has clear value differences; different valuers help the court see a fair market opinion.
Consider mediation or private agreement before litigation: owners can agree on a buyout, a voluntary division, or a private sale and avoid court costs.
Remember that acreage alone is not the full measure of value—soil quality, access, zoning, and improvements matter more.
Keep clear records of payments and improvements—those can become credits in a partition accounting.
Expect court costs, commissioner fees, and appraisal fees to be deducted from sale proceeds or assessed as part of the final accounting.
If you want a particular portion, be prepared to pay for the difference in value or persuade the court that an allotment is fair.