The Missouri Agreement to Partition Real Property According to Award of Surveyor is a legal document used to resolve disputes over the division and distribution of real estate among co-owners or joint tenants. This agreement is based on the findings and recommendations of a professional surveyor appointed by the court. When parties to a property dispute enter into the Missouri Agreement to Partition Real Property According to Award of Surveyor, they agree to abide by the surveyor's assessment of the property's boundaries, improvements, and value. This agreement serves as a binding contract among the parties involved, outlining their rights, responsibilities, and obligations related to the division and transfer of the real estate in question. Keywords: Missouri Agreement to Partition Real Property, Award of Surveyor, real estate dispute, co-ownership, joint tenancy, property boundaries, improvements, property value, binding contract, division of real estate, transfer of property. Types of Missouri Agreement to Partition Real Property According to Award of Surveyor: 1. Agreement to Partition Residential Real Property: This type of agreement is specific to disputes involving residential properties such as houses, apartments, or condominiums. It outlines the division of the property according to the surveyor's award, taking into account the residential structures and any shared amenities. 2. Agreement to Partition Commercial Real Property: This agreement pertains to disputes involving commercial real estate, including office buildings, retail properties, or industrial spaces. It addresses the division of the property based on the surveyor's findings, considering factors such as leasehold improvements, zoning regulations, and access rights. 3. Agreement to Partition Agricultural Real Property: In cases where the disputed property is agricultural, such as farms, ranches, or vineyards, this type of agreement is employed. It details the division of the land, taking into consideration the surveyor's award, water rights, existing infrastructure, and any farming operations. 4. Agreement to Partition Vacant Land: This agreement is used when the disputed property is undeveloped and does not have any existing structures. It focuses on the division of the vacant land, based on the surveyor's assessment of the property's boundaries, topography, and potential for development. 5. Agreement to Partition Mixed-Use Real Property: In instances where the disputed property comprises a combination of residential, commercial, or agricultural components, this type of agreement is utilized. It determines the division of the mixed-use property according to the surveyor's award, considering the unique characteristics and requirements associated with each property type. Keywords: residential real property, commercial real property, agricultural real property, vacant land, mixed-use real property, division of property, surveyor's award, property type.
Missouri Agreement to Partition Real Property According to Award of Surveyor
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How to fill out Missouri Agreement To Partition Real Property According To Award Of Surveyor?
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The partition by sale can be ordered to occur through a private sale, public auction or by listing the property with help from a licensed real estate broker. Partition by Kind: The court orders the physical division of property so that each co-owner receives an undivided interest in their portion of the property.
Partition is the division of real or personal property between or among two or more co-owners, such as joint tenants or tenants-in-common. Partition is not a remedy available to owners who hold title as community property or quasi-community property.
The attorney's fees for the individual who filed the partition lawsuit are generally paid out of the proceeds from the sale of the property before the proceeds are divided ? so there is a benefit to being the first to file as the attorney's fees are divided among all the owners.
A partition agreement may be an express statement that the right to partition is waived. It may also be evidenced by a right of first refusal where one co-tenant is required to offer the property for sale to another co-tenant as a condition precedent to an action for partition.
The Partition Action Owners of real estate in Missouri can bring a partition action to resolve such disputes. The law prefers to physically divide the property ?in kind?. A court may instead order a sale of the property and divide the proceeds among the owners if a division in kind is not possible.
A partition lawsuit seeks to physically divide land among its owners, or to sell such land at public auction and divide the proceeds among the parties, if the land cannot be physically divided. Only owners holding the land as joint tenants, tenants in common, or by an estate for life or years may partition land.
It is worth noting that there are always exceptions. It is entirely possible for complex cases to be resolved faster than those with more simple terms. While the process will vary from case to case, it is reasonable to expect a partition action to take anywhere from 18 months to 24 months.