How Does a Partition Action Work to Resolve a Dispute Among Multiple Owners in South Dakota | South Dakota Partition Actions | FastCounsel
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How Does a Partition Action Work to Resolve a Dispute Among Multiple Owners in South Dakota

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

Starting a Partition Action

Under South Dakota law, any co-owner of real property may file a petition for partition in the circuit court of the county where the land lies. The petition must include a legal description of the property and the names and addresses of all known co-owners. See SDCL 21-51-1.

Partition in Kind vs. Partition by Sale

South Dakota favors partition in kind—dividing the land physically among co-owners according to their ownership shares. If the court finds a fair physical division impractical or prejudicial, it may order a public sale of the entire property. Proceeds then divide among the parties. See SDCL 21-51-8.

Appointment of Commissioners

After filing, the court appoints three disinterested commissioners to survey the land, value it, and propose either a division plan or a sale. These commissioners inspect the property, set boundaries if dividing in kind, or prepare sale terms if ordering a sale. Parties may object to the commissioners’ report, and the court holds a hearing to resolve any disputes.

Court Judgment and Distribution

The court enters a judgment confirming either the division plan or the sale. If a sale occurs, the court directs payment of mortgages, liens, taxes, and court and commissioner fees from the sale proceeds. The remainder distributes according to each owner’s share.

Helpful Hints

  • Review deed and title records to confirm all co-owners before filing.
  • Collect any agreements (e.g., joint tenancy or tenancy in common) that may affect partition rights.
  • Consider mediation to reach an out-of-court agreement and avoid legal costs.
  • Hire a licensed land surveyor early to help commissioners with accurate boundary lines.
  • Prepare funds for court filing fees and commissioner compensation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.