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.