Detailed answer

Short summary: If co-owners of farmland cannot agree on dividing or selling the property, any co-owner can ask the Court of Common Pleas in Pennsylvania to open a partition action. The court will try to divide the land “in kind” (physically) when fair and practical. If a fair physical division is impractical, the court will order a sale and divide the proceeds among the owners after paying costs, mortgages, liens and adjustments for improvements or contributions.

1. Who can start the process and where?

Any legal owner (tenant in common or owner in joint tenancy) can file a partition action in the county Court of Common Pleas where the land lies. The court has equitable power to order either partition in kind or partition by sale. Before filing, owners commonly try to negotiate a voluntary agreement, buyouts, or mediation.

2. Practical first steps (before filing)

• Confirm legal ownership: obtain the current deed and title history from the county recorder/registry.
• Check mortgages, liens, easements, conservation or agricultural easements, and enrollment in programs (e.g., assessment programs). These can limit options or change proceeds from a sale.
• Get an up-to-date appraisal and a survey if the boundary lines or acreage are uncertain.
• Try negotiation: buyout offers, dividing parcels informally, or mediation often save time and cost.

3. Filing a partition action

When negotiation fails, the typical court process includes:

1. Preparing and filing a complaint (or petition) requesting partition and naming all co-owners and interested parties (mortgage holders, lienholders, tenants, etc.).
2. Serving the complaint on all parties and providing them a chance to respond.
3. The court may order temporary relief (e.g., preserving the property, preventing waste, or appointing a receiver if rents or crops are at issue).

4. Partition in kind vs. partition by sale

The court examines whether a fair physical division is feasible. Factors the court considers typically include:

• Physical layout, size, and topography of the farmland;
• Whether division would materially reduce value (e.g., splitting a single field, breaking up useful improvements);
• Access, utilities, and practical use of the resulting parcels;
• Number of co-owners and their respective ownership shares.

If an in-kind division is feasible, the court may appoint commissioners, viewers, or a surveyor to draw division lines and report back. If not feasible, the court orders a sale and directs how it is to be conducted (public sheriff sale or private sale under court supervision), with net proceeds distributed among owners according to shares and adjustments.

5. Valuation, credits and liens

Before dividing proceeds, the court will pay off valid mortgages and liens from sale proceeds. The court can also order accounting adjustments: crediting a co-owner who paid taxes, made improvements, or otherwise increased the value, and debiting those who used or benefited from the property. This helps ensure a fair division of net proceeds.

6. Timeline and costs

Partition actions vary widely in time and cost. A straightforward partition in kind with willing cooperation can take a few months. A contested partition with appraisal fights, boundary disputes, lien claims or sheriff sale can take a year or more and add substantial attorney, court and sale costs. Expect appraisal fees, surveyor fees, court costs, possible commission fees for commissioners or a master, and attorneys’ fees (which a court may allocate in specific circumstances).

7. Special considerations for farmland in Pennsylvania

• Conservation easements or agricultural preservation easements can restrict subdivision or sale. Check county conservation districts and state programs before assuming sale or division is allowed.
• “Clean and Green” (agricultural assessment) status affects taxes: dividing or selling can trigger rollback taxes or changes to assessment. Contact the county tax assessor or the Pennsylvania Department of Agriculture for program rules.
• Tenant farmers, farm leases, crop shares, or grazing rights complicate partition—courts may need to coordinate transitions or account for rental income.
• Environmental issues (e.g., wetlands, nutrient management plans) can affect marketability and feasibility of dividing farmland.

8. What to expect at the end

Possible outcomes:

• Partition in kind: court-approved division and new deeds issued to each owner’s share;
• Partition by sale: court-ordered sale, payment of liens/costs, and distribution of net proceeds;
• Settlement: co-owners may reach a buyout or other private agreement at any time before final order.

9. How to find legal help in Pennsylvania

Look for an attorney experienced in real estate litigation or agricultural law. County bar associations or the Pennsylvania Bar Association can provide referral services. If you want low-cost help, check legal aid organizations in your county, or the state courts’ self-help resources.

Authoritative resources (general guidance):

• Pennsylvania Unified Judicial System: general court information and county court locations — https://www.pacourts.us
• Pennsylvania General Assembly (search statutes and bills) — https://www.legis.state.pa.us
• Pennsylvania Department of Agriculture — farmland program info — https://www.agriculture.pa.gov
• Pennsylvania Bar Association — lawyer referral and resources — https://www.pabar.org

Important: This article explains common practice and typical court procedures in Pennsylvania. Court rules and local practice vary by county. For a case-specific plan, consult a Pennsylvania attorney.

Disclaimer: This is educational information only and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Pennsylvania attorney.

Helpful Hints

• Gather title documents, deeds, mortgage and lien records, and any written agreements among the owners before contacting an attorney.
• Get a current appraisal and, if needed, a professional survey to clarify boundaries and acreage.
• Check for conservation easements, Clean and Green enrollment, and local zoning or subdivision restrictions that might limit division.
• Try mediation or a buyout offer first — courts favor voluntary resolutions and these options usually cost far less than litigation.
• If you expect a sale, understand likely costs: liens, taxes, court costs, appraisal, survey, and commission or sale fees will reduce net proceeds.
• Document any payments you made for taxes, mortgage payments, or improvements—these facts matter in court accounting.
• Contact your county recorder/assessor and county bar association to learn local filing steps and timelines.