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Permalink Reply by adubu on July 29, 2011 at 11:05

I think you need all heirs to have agreement before you spend any more money. The Survey if already done should be the largest expensive. The paper work of the deeds to partition should not be that expensive. The person who did the survey can partition land out on his pc. Agreement is next thing you should get thought IMO. I am not a lawyer. If you do not have agreement before you will have a fight with the family which generally not good thing. Good luck

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Permalink Reply by RFKirkland on July 29, 2011 at 11:49

Thanks.

We have the survey that shows where everyone property will be located.  We need to file the survery document with the partition deed in the courthouse.  Our problem is that we know that everyone is not going to sign the partition deed.  What are our options?

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Permalink Reply by Hale Yayuh on July 29, 2011 at 12:12

You can force a partition. For such an important matter, work through your lawyer, hopefully, one who knows oil and gas.

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Permalink Reply by RFKirkland on July 29, 2011 at 13:06

Would it be better to force a partition deed with the majority of the heirs signing or just let the court decides with no one  signing?  Again, we are trying to cut cost.

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Permalink Reply by adubu on July 29, 2011 at 12:18

Is land partition as directed by a Will to the heirs or left undivided equal shares and now one of tenants forcing the partition? If you can not agree then the Courts will partition it for you. It would be best to get agreement. Otherwise the attorney will direct you and yes you could run up some hours on attorney fee if you can not agree then the Court will. You will have to follow your attorneys advise

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Permalink Reply by RFKirkland on July 29, 2011 at 13:05

Thanks for the infor.  We are talking to a lawyer, but wanted to know what others are doing. 

It is undidived equal shares.   We have 95% who agrees to sign the partition deed. 

 

 

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Permalink Reply by adubu on July 29, 2011 at 14:42

what the reason the 5% says no--is this just one person? another option can you buy the 5% out? will they compromise? There are few attorney members on this site maybe they will join discussion and give you best direction to go.

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Permalink Reply by robert minton on July 30, 2011 at 14:08

kirkland-the 95% can file partition suit against the 5%. the 5% will have to "fish or cut bait".

when the 5% gets and estimate of legal fees, he will most likely come around, and wish to sign the partition deed.

 

 

 

 

 

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Permalink Reply by BirdDawg, plain ole' idiot on July 30, 2011 at 16:24

In Louisiana you can do a partition by licitataion. Or  take it to a sherrifs sale. Maybe a extrajudisial fixing of boundaries.

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Permalink Reply by Henry on July 30, 2011 at 23:34

But don't you take a big risk if you force separation?  If people cannot come to any agreement, isn't there a risk of an outside buyer coming in and outbidding all the owners for the land if it goes up for sale? 

 

IMHO you should try to settle this out of the courts in any way possible.  FInd out what it would take to get the 5% owner to sell out.  That might be cheaper than any legal fees you would incur.  See if the 5% owner would take 7.5% (or some number) to allow division.  Or just ask the 5% owner what it would take to allow division.  And remember, this is usually a "division in kind."  So maybe he would take the best 2% of the acres or the worst 10%. 

 

The advice we give to D.C today is applicable here:  Find a compromise.

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Permalink Reply by RFKirkland on July 31, 2011 at 6:39

 

We have tried to compromise with them and to no avail, this is not working.  They are not willing to sell either.  It has really been a big mess since the Hayneville shale has come into play and the well that is producing on the undivided property is a good one. 

It seems like a Partition in Kind would be the best way at this point.  Even though we will have to settle in court and let the judge make the decision. 

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Permalink Reply by adubu on July 31, 2011 at 7:15

if the land and minerals are left equally prorated undivided to all heirs only the surface needs to be partitioned if each wants to use or sell their surface for what ever they want to do with the surface. If you have production from mineral rights they will be HBP for years and I assume each heir has sign leases or that lease is still in the Estate and the Estate receives the royalty income. The Estate can draw up  mineral deeds to each heir based on their decimal interest owned since mineral are undivided through out the entire tract of land and therefore transfer ownership of mineral interest and nothing has to de done with surface at this time. I am from Texas and have done similar with minerals from my family Estate between myself and Brother. You can do this and not be concerned about the surface partition unless the La. laws are different and I am misssing something you have not mentioned--then talk with your lawyer and see what he says can be done. It's no different than someone purchasing minerals for they do not have to partition the land out for what decimal interest they are buying. If your issue is the surface and not the minerals then you settle the issue or if you are pushed by the 5% then no choice but go to court. Your lawyer will have to direct you all

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