Understanding Your Options to Divide or Force the Sale of Co-Owned Farmland in Rhode Island

Short answer: If co-owners (heirs) cannot agree, Rhode Island law allows one or more co-owners to ask the Superior Court to partition the land—either by physically dividing it (partition in kind) or by ordering a sale and dividing the proceeds (partition by sale). Before court, parties often resolve the dispute through buyouts, mediation, or settlement. This article outlines the legal routes, practical steps, and important issues to consider.

Detailed answer

1. Who can start the process?

Any owner of an undivided interest in the farmland — typically a tenant in common — may file a partition action in Rhode Island Superior Court seeking division or sale of the property. If the ownership was held as joint tenants with right of survivorship, the surviving joint tenant(s) may own the property outright, and a partition action may not apply the same way.

2. Primary legal options

Voluntary division or buyout: The simplest route is an agreement among the heirs. One heir can buy the others’ shares (a buyout) using a mutually agreed valuation or a professional appraisal. You can also sell the property to a third party by unanimous agreement.
Mediation or negotiation: Courts and landowners commonly use mediation to reach a settlement that avoids litigation costs and delays. Mediation can produce creative outcomes—phased buyouts, shared operating agreements, or apportioning parts of the farm for different uses.
Partition action in Superior Court: If negotiations fail, an heir can file a complaint for partition. The court’s usual remedies are:
- Partition in kind: Physical division of the land into parcels that correspond to each owner’s share. The court orders this only when the property can be divided fairly and without materially reducing value or utility.
- Partition by sale: If the property cannot be fairly divided (for example, because of irregular shape, shared infrastructure, or because the farm operation requires intact acreage), the court may order the property sold and the net proceeds distributed among owners according to their ownership shares.
Appointment of a receiver, commissioners, or referees: The court may appoint neutral appraisers or commissioners to value the land, suggest ways to divide it, or oversee a sale. A receiver can be appointed to manage the property (collect rents, preserve assets) while the case is pending.
Temporary relief: During litigation a party can seek temporary injunctions to stop waste, prevent a co-owner from selling or mortgaging the property, or to preserve farm operations.

3. How the court divides proceeds and pays liens

If the court orders a sale, proceeds are first used to pay valid liens (mortgages, tax liens), court costs, and sale-related expenses. The balance is divided among owners according to their legal shares. If owners have contributed differently to the farm (payments for mortgage, taxes, improvements), the court may order adjustments after an accounting.

4. Practical issues specific to farmland

Dividing farmland physically can harm the operational value (split fields, loss of access, fragmentation). Courts weigh this when considering partition in kind.
Conservation easements, agricultural restrictions, leases, and government program enrollments (e.g., CRP) can limit marketability and affect sale proceeds.
Active farm operations often have equipment, crop inventories, or livestock that require special handling during a partition; courts can order how personal property and ongoing contracts are handled.
Local zoning, frontage, and access roads may make division impractical.

5. Costs, timeline, and likely outcomes

Partition litigation can be costly and can take many months to over a year, depending on complexity and appeals. Courts try to be fair, but legal fees and sale costs will reduce net proceeds. Because of these expenses and the risk to farm value, courts and owners often prefer negotiated solutions or buyouts.

6. Where to file and find procedure

Partition actions are civil matters brought in the Rhode Island Superior Court. For court location, filing rules, and forms, see the Superior Court information page for Rhode Island: https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx. For statutes and general law resources, see the Rhode Island General Assembly Statutes search: https://webserver.rilegislature.gov/Statutes/.

7. When to consult an attorney

If heirs cannot reach agreement, consult an attorney experienced in Rhode Island real estate and estate disputes. An attorney can:

Explain ownership type (tenancy in common vs joint tenancy)
Estimate litigation costs and likely recoveries
Advise on mediation, buyout formulas, and tax consequences
File a partition complaint, seek a receiver, or defend against one

Helpful Hints

Try mediation first—it is usually faster and far cheaper than a court-ordered sale.
Get an independent appraisal before negotiating a buyout or going to court. A professional farm appraisal should consider productive acreage, buildings, and development potential.
Collect and organize documents: deeds, wills, death certificates, mortgage statements, tax bills, lease agreements, conservation easements, and recent surveys.
Consider phased buyouts—one owner buys another’s share over time to reduce up-front cash needs.
If the farm is income-producing, ask the court for appointment of a receiver to collect rents and prevent waste during litigation.
Understand liens and mortgages: mortgage holders have priority and sale proceeds will first pay secured debts.
Keep farming activities documented and avoid unilateral actions that could be viewed as waste or misconduct (removing soil, cutting timber, or selling assets without agreement).
Explore alternative ownership structures if you intend to keep the farm in the family (partnership, LLC, operating agreement) to set clear rules going forward.

Resources

Rhode Island Superior Court (Civil Division): https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx
Rhode Island General Assembly—Statutes and code search: https://webserver.rilegislature.gov/Statutes/

Disclaimer: This article explains general legal concepts under Rhode Island law to help you understand your options. It is not legal advice and does not create an attorney–client relationship. For advice about your specific situation, consult a licensed Rhode Island attorney who handles real estate and estate disputes.