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Menifee Partition Lawyers

The city of Menifee was named after Luther Menifee Wilson, a miner who discovered a significant quartz lode in 1883. The development of Menifee began as a retirement community, which later developed further into a master-planned community. More recently, Menifee has experienced substantial growth, attracting many new residents. Menifee residents who own real estate may face disputes with co-owners. Generally, the best Menifee 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

A top Menifee Partition Attorney will be familiar with a court’s determination of the manner of partition of mineral or water rights. Because of the undeterminable nature of the interests involved, mineral interests or rights are usually not suitable for fair partition in kind so that partition must be by sale and division. However, such partition should be ordered when it is possible to divide the property without prejudicing the other parties. The best Menifee Partition Attorney will be knowledgeable of the method of partition to be used on mineral rights.

It would be impracticable for a court to make such a complicated mechanical division of a material, which from its very nature or use, is unsuitable and incapable of permanent division without prejudicing the parties’ rights. (see McGillivray v. Evans (1864) 27 Cal. 92, 98.) In these cases, the appropriate partition that a judge can make is to order a sale of the property and a division of the proceeds in order to definitely and permanently extinguish the parties’ disputes. (see McGillivray v. Evans (1864) 27 Cal. 92, 98.)

The determination of whether the sale and division of proceeds is more fair than a partition in kind for mineral rights is generally a question of fact. (see Mitchell v. Cline (1890) 84 Cal. 409.) Although some courts hold that a placer claim may be divided by surface partition, other courts do not and as such, it is a question of fact for the trial court. (see Musick Consol. Oil v. Chandler (1910) 158 Cal. 7.) A top Menifee Partition Lawyer will be familiar with this process.

A sale of the whole must be made if the division of a right to mine enlarges the original grant beyond the grantor’s intention and proves a greater charge than the owner of the soil originally intended, and if the minerals and ores are incapable of allotment according to quality and quantity. (see Smith v. Cooley, 65 Cal. 46.)

In the case of water rights, partition may be appropriate if a practicable division can be made. If not, the water right must be sold and the proceeds must be divided. (see Head v. Amoskeag Mfg. Co. (1885) 113 U.S. 9.) The best Menifee Partition Attorneys will be aware of the rules concerning the partition of water rights.

At Underwood Law Firm, our Menifee 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.
"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 helped us set up our partnership and was straight forward and honest about the process and what was needed (so rare these days!). He gave us the expectation strait out and held to them (unlike the last corporate firm). Unfortunately when your new it takes a few to find the good ones. This is your guy!" O.A.
"Eli has been a great help to me. He is thoughtful and tries hard to achieve the best outcome, and is especially interested in avoiding litigation, and helping his client find the best way forward, even if it avoids conflict and makes his job smaller and simpler. I feel very comfortable with what was worked out, and sleep well over it. I give the highest recommendation to Eli!" D.W.
"Marcus and his team are true professionals and their attention to detail is impeccable. He definitely knows the right questions to ask and how to find the facts he needs to win your case. Having someone on your team who’s working hard behind the scenes can give you peace of mind during challenging times and that my friend is invaluable. He has a pretty unique approach that makes him special in what he does and that uniqueness make a huge difference. I highly recommend them!" C.F.