Justia Lawyer Rating
Super Lawyers
Avvo Client's Choice
Avvo 10
Lawyers of Distinction
Million Dollar Advocates Forum
Expertise Badge

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.

Client Reviews
“We were in need of a real estate attorney. Eli Underwood provided excellent legal advice and services. He explained everything well and followed through with all important issues that needed attention. We found him to be reliable, courteous, patient and extremely professional. We highly recommend Mr. Underwood without any reservations.” I.S.
"I own a real estate investment company that operates across multiple states (California, Washington, Oregon, Montana, and more), whenever I run into an issue that needs legal attention, Eli is my first call. I've been working with him for years. He is an amazing attorney and I highly recommend him." Thank you for your help Sir!" T.W.
"Mr. Underwood is a fantastic Lawyer with extraordinary ethics. He responds quickly, which is rare these days, and he is very knowledgeable in his craft. It was a pleasure working with him and we will definitely use his services in the future if needed. Thank you for your help Sir!" M.O.
"Eli took our case and controlled every hurdle put before us. I one time commented to him that he must love his job because it seemed that he was always available. When talking about my case to anyone I always bring up where, I believe, the other parties Lawyer tried to take advantage of my wife and me. Eli stopped him in his tracks. On top of it being easy to work with Eli, it was a pleasure to have had him represent us. We were in good hands." E.T
"We were in need of an attorney with considerable knowledge of real estate law and the legal issues related to property ownership. Eli Underwood went above and beyond our expectations. In keeping us abreast of our suit, his communication skills were outstanding. This talent was especially demonstrated when dealing with the apposing counsel. We feel this gave us a tremendous advantage over the opposing party that resulted in us reaching a successful outcome. I would highly recommend Eli Underwood as we found him to be an exceptional attorney." P.B.
"In our need for legal services we found Eli to be well informed and on top of our case and our needs. Our's was not an ordinary case as it was a case with many facets. It was a very convoluted case. There were multiple owners involved in a property dispute where one of the owners sued the rest of the owners with a Partition Suit. Needless to say Eli was instrumental in helping us resolve our differences and gained us a profitable sale all with good end results for all. If you hire Eli Underwood you will not be disappointed!" M.A.