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Permalink Reply by VSC DeSoto South on August 19, 2008 at 15:33

What is partition by licitation, and how and under what circumstnces can one do this?

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Permalink Reply by reg on August 19, 2008 at 16:56

Partition by Licitation is when you ask the court to approve the sale of the land because you don't want to be co-owners with someone anymore. You can reserve your mineral rights in this type of sale--BUT IT MUST BE STATED SPECIFICALLY in the request and judgment.
You can also file a Partition in Kind and ask the court to split up or subdivide surface rights of the land and unless you reserve mineral rights in the Partion, you will only have rights under the surface that you end up with. Be carefule though, because if you have land with a co-owner that strattles a section line, you might want to reserve your minerals, because if you don't and the other section is drilled, you will not share.

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