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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.
"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.