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Happy49Jack

Illinois Farmland

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Four of us own a fairly small amount (38.5 acres) of farmland in SE Illinois.  We inherited the land and 2 of us own 33.33% each...the other two own 16.67% each.

 

Three of us holding 83.33% would like to sell but the fourth owner does not want to.  Is there any way at all to force a sale without lengthy litigation?

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Without litigation, probably not.  Without lengthy litigation, depends on what you mean by lengthy and how hard the hold out is willing to fight.     If it's land maybe it could be subdivided proportionally.  if it not subject to subdivision it may have to be sold.  Perhaps when the holdup finallly realizes that the end is inevitable he or she will come to his or her senses.

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If any of the joint owners doesn't want to sell (or to buy out the other joint owners' interests), the only way to force a sale is a partition lawsuit.  Whether you consider any litigation to be "lengthy" obviously depends on your definition of that term.

 

You might want to discuss with the hold-out the fact that you can force a sale and that everyone's best interests will be served by figuring out a way to agree on a buy-out or a voluntary sale.  If you have to go the partition route, everyone will likely be financially worse for it.  If that doesn't work, consult with a local real estate attorney about the likely length and cost of a partition action.

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