(a)
(1) The commissioners shall immediately proceed to make partition, according to the judgment of the court, unless it shall appear to them, or a majority of them, that partition of the premises cannot be made without great prejudice to the owners.
(2) In such a case they shall make report of this fact in court, under their hands, accompanied by an affidavit of the truth of the fact stated in the report so returned.
(b)
(1) In making partition, the commissioners shall divide the lands and tenements, and allot the several portions and shares thereof to the respective parties, quality and quantity relatively being considered by them according to the respective rights and interests of the parties, so adjudged by the court, designating the several shares and portions by metes and bounds.
(2) The commissioners may, when necessary, employ a surveyor and assistants to assist them.
(c)
(1) The commissioners shall make a full and detailed report of their proceedings, in writing, signed by them, or a majority of them, specifying therein the manner of executing the trust.
(2)
(A) The report shall describe the lands divided and the shares allotted to each party, with the quantity of each share, the boundaries, courses, and distances, together with any other facts necessary for a complete elucidation of the division.
(B) This report shall be accompanied by the affidavits of the commissioners as may sign the report, verifying the facts set forth therein.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
