Lancaster Partition Lawyers
The City of Lancaster began developing in 1876, when the Southern Pacific Railroad laid its track through the city. It wasn't until the 1930s that Lancaster experienced a growth in residents when the Edwards Air Force Base began its construction. Today, over half of the housing units in Lancaster are owner-occupied, suggesting that many homes are jointly owned. As such, residents of Lancaster who own real estate may face disputes with co-owners. Generally, the best Lancaster Partition Lawyers usually find partition action to be the best remedy for disputing 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
The judicial partition of property can include all types of property, including mineral rights, easements, and leases. The right to work a mine is not partitionable as they are indivisible. (see Hughes v. Devlin (1863) 23 Cal. 502.) Dividing such a right would create new rights which would prejudice the soil owner. (Hughes, 23 Cal. 502.) A right is partitionable, however, where a person has a clear right of property in land as this right does not stand in the way of another's property. (Hughes, 23 Cal. 502.)
If property subject to an easement is owned in common, it is subject to partition. It is important to note however, that an easement in itself belongs to property owned in severalty is not permitted to be partitioned. For example, if two individuals own adjacent land in severalty and the water wells between their properties are owned in common, one may not end the easement to one of the wells by attempting to partition. (see Porto v. Vosti (1955) 136 Cal.App.2d 396.) As such, it is important to be aware of the partition process for easements.
Property may still be partitioned when it is subject to lease and is subject to the lessee's possession until the end of the lease even if the lessee is also a cotenant with an ownership share in the property. (see Buhrmeister v. Buhrmeister (1909) 10 Cal.App. 392.) Partition of property subject to temporary is also permitted as well as the partition of an inheritance that is subject to an existing lease. (see Burhmeister (1909) 10 Cal.App. 392.)
A party is not required to join other parties as defendants if the person's only interest is that of a lessee, royalty-owner, lessor-owner of other real property in the community, unit, or pooled area, working-interest owner, or persons claiming under them if the property is subject to a lease, community lease, unit agreement, or other type of leasing agreement concerning oil or gas. If these persons are not joined as defendants in the partition suit, their interests will not be affected. (CCP § 872.540.) A person intending to file a partition should ensure that they adequately understand the process so that all legal requirements are satisfied.
At Underwood Law Firm, our Lancaster Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.