Can 4 people form a limited partnership to gain control of land?

UPDATED: Mar 5, 2012

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Can 4 people form a limited partnership to gain control of land?

5 people own land; 1 person owns 1/3 and 4 people own 2/3’s. 1 of the 4 people farms the land. Can the 4 people form a limited partnership to gain the control and can the 1 person still farm without the other 3 being involved?

Asked on March 5, 2012 under Real Estate Law, Minnesota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Techinically all of the owners who have an interest in the land that you are writing about have an implied in fact partnership with respect to it. I see no legal basis to go through the expense of forming a limited partnership to gain control of the land from the one.

I suggest that the four owners who have an issue with the one other owner who farms the land consult with an attorney as to how best to resolve the issues surrounding it. One way is to have all owners enter into a written agreement as to how the property is to be used and profits split with possible buy out provisions. Another option is to discuss a buy out with the one owner if need be.

Under the laws of all states, all owners of real property have access to the property that they have an interest in.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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