Detailed Answer
Under Pennsylvania law, co-owners of real property may seek a judicial partition when they cannot agree on the use or division of land. Partition actions are governed by 68 Pa.C.S.A. §§ 5301–5314. The process typically follows these steps:
- Confirm Co-Ownership Status
Verify that you hold an undivided interest in the property as joint tenants or tenants in common. Review deeds, wills, or trust documents. - Choose Type of Partition
Decide whether to request a partition in kind (physical division) or a partition by sale. Courts favor in-kind division if feasible; otherwise, they order a sale. See 68 Pa.C.S.A. § 5302(c). - Prepare the Petition
Draft and file a praecipe and complaint for partition in the Court of Common Pleas where the property is located. Include:- Legal description of the land
- Names and addresses of all co-owners
- Relief requested (partition in kind or sale)
Cite 68 Pa.C.S.A. § 5301 for jurisdiction and authority.
- Serve Co-Owners
Serve each co-owner with the complaint and a notice of hearing according to Pennsylvania Rules of Civil Procedure (Pa.R.C.P. 76). You may need to use certified mail or a sheriff’s office. - Appointment of Viewers
If the court deems physical division practical, it appoints viewers under 68 Pa.C.S.A. § 5306. Viewers inspect the property, divide it, and file a report. - Report and Objections
All parties may object to the viewers’ report within the time set by the court. The court holds a hearing to resolve disputes. - Court Order
The court issues an order directing partition in kind or sale. If sale is ordered, the court will set terms and appoint a commissioner to conduct a judicial sale. - Sale and Distribution
Upon sale, the commissioner distributes proceeds per ownership interests after deducting costs and liens. See 68 Pa.C.S.A. § 5312.
Throughout this process, parties often negotiate or mediate to avoid costly litigation. Proper title searches and surveys streamline proceedings.
Helpful Hints
- Review your deed and any easements before filing.
- Consider mediation to reach agreement without court intervention.
- Obtain a current survey to clarify boundaries.
- Be aware of filing fees and potential viewer costs.
- Consult with an attorney for complex title or lien issues.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation.