Dublin Partition Lawyers
The city of Dublin was established in 1872 by William Bourn. Bourn bought 160 acres after hearing about the richness of the land’s soil. Since then, Dublin has sprouted numerous housing developments, which often come with ownership disputes. The best Dublin Partition Lawyers find partition actions to be the best remedy for disputes between co-owners in four broad categories:
- Split real estate dispute;
- Brother-Sister real estate dispute;
- Investor-Investor real estate dispute; and
- Significant other real estate dispute
A top Dublin Partition Lawyer will be knowledgeable on the manner, terms, and conditions of a partition by sale. A court appointed referee is required to sell the property according to the procedures provided in the provisions of the sale of the property. (CCP § 873.510.)
Parties who wish to have different sales procedures than the procedures provided in the statutes governing partition sales may agree to those procedures. (CCP § 873.600.) However, consent from all parties is required, whether they appeared or not. (CCP § 873.600.) As a result, unless unknown owners who have been made parties are appointed a guardian ad litem, this statute does not apply. Consent is not required for those who are named parties but are not served or have not appeared, as their interests remain unaffected by a judgment in the action. (see Cal. L. Rev. Comm. Comment to CCP § 873.600.) This statute only allows the property owners to stipulate the manner, terms, and conditions of the sale before the referee enters into a contract; not to refuse a sale by adopting new terms while the motion to confirm is pending. (see Sullivan v. Dorsa (2005) 128 Cal.App.4th 947.) The best Dublin Partition Lawyers will be familiar with these procedures.
During trial or thereafter, the judge may specify the manner, terms, and conditions of the sale that are consistent with partition action statutes governing the sale of property, and appropriate for the particular property or sale. (CCP § 873.610.) The judge may also refer to the referee for a recommendation regarding the manner, terms, and conditions of the sale, but the judge may not approve the referee’s report until there is a hearing on the noticed motion. (CCP § 873.610.)
The judge has the power to control the manner, terms, and conditions such as: (1) form, manner, and contents of notice of sale; (2) minimum bid and right to reject all bids; (3) terms of credit; (4) prior estate, charge, or lien to which the property will be subject; (5) escrow and title insurance expenses; (6) agents’ commissions; (7) procedure as to increased offers at court confirmation; and (8) sale of items of personal property individually, in a single lot, or in several lots. (see Cal. L. Rev. Comm. Comment to CCP § 873.610.)
The judge may direct a credit sale for the property or any part of it and determine the appropriate terms of credit. (CCP § 872.630(a)-(b).) The judge may also approve or specify the terms of security to be taken upon the sale according to the parties’ interests, including the manner in which the title will be taken and the number of instruments. If the judge fails to prescribe such terms of credit, the referee may then accept offers that request different terms. (see Cal. L. Rev. Comm. Comment to CCP § 873.630.) A person who intends to purchase property from a partition sale should consult a top Dublin Partition Attorney to ensure that they adequately understand the process.
At Underwood Law Firm, our Dublin Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues. (CCP § 873.30(b).)