What to do regarding and that I co-own?

UPDATED: Oct 1, 2022

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What to do regarding and that I co-own?

My sister and I were given 100 acres from a deceased aunt. The land has not been zoned and my sister does not wish to sell her portion, however I do. At this time I do not have the funds to get the land zoned to sell. Are there resources that can help me do that with payment after the land is sold? Also, how do I handle the situation if my sister does not want to zone her portion or sell? Like I said at this time it’s just 50/50 and no zoning on who gets what area of the acreage.

Asked on October 3, 2018 under Real Estate Law, Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You sound as if you are sure that you must have the land zoned in order to sell it, and that may be the case, or you could sell it "as is" and subject to zoning by the potential buyer.  What you need to look in to is an action for "partition" that asks the court to divide you and your sister's interests in the land in half, allowing you to sell your portion without affecting her portion.  I would, though, explain all this to her and see if you can come up with a division yourselves.  Explain that the court will indeed inevitably sever your interests and allow you to sell.  If you both agree to the division now it will save time, money (legal fees and court costs) and much heartache.  Good luck.

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