Dividing a land inheritance

03-12-2021 11:53am #1

Good morning,

An Internet search shows up answers for dividing an inheritance from the will makers perspective.

If a field has been left to two siblings, can the field be physically divided up between the two if one wants to sell up and the other doesn't?

Thanks in advance

Thoie · 03-12-2021 12:06pm

Not a legal perspective, but the big question is where is the entrance? It's possible to portion the field, but if there's only one entrance to the field, the other person will need access, and that becomes a minefield. Splitting the field is relatively straightforward for a solicitor, it's often done if someone is selling a site.

Donald Trump · 04-12-2021 9:02pm

https://www.boards.ie/discussion/comment/118262016#Comment_118262016

Surely it just needs a right of way to be registered. Not an ideal situation but the only real possible option in the "one entrance" scenario unless they can get permission for a second entrance!

They might be able to divide it so that the division comes up to the gate. ie. a small "shared" driveway at the front and one person goes to the right and one goes to the left. By "shared" I just mean that the other party has a right of way there.

LawBoy2018 · 04-12-2021 9:08pm

https://www.boards.ie/discussion/2058221000/dividing-a-land-inheritance

If it's a tenancy in common there should be no issue in one of you selling your 50% interest.

Donald Trump · 04-12-2021 9:29pm

Best way might be if one would be interested in buying the other out. There is the name for that type of auction I think but I can't remember it. It is used in businesses too. Basically, whichever co-owner is willing to pay the most to the other does so.

If the field is left jointly to Joe and Pat, then if Pat is willing to pay 100k to buy Joe out, but Joe is willing to pay 101k, then Joe wins and Pat gets that money. Would have implications in the case where one, or both, parties is availing of some CGT relief. (Agricultural relief or business relief etc.)

Ah, I just googled and there is a practice called a "Texas shootout". I think that is what I was thinking of. In that scenario one person picks a number and the other person decides whether to pay or receive that amount.

Peregrinus · 06-12-2021 2:39am

https://www.boards.ie/discussion/comment/118269965#Comment_118269965

Except finding somebody to buy it.

https://www.boards.ie/discussion/2058221000/dividing-a-land-inheritance

The field can be divided up by agreement into two sepateate properties, each owned by one person, subject to planning permission and any other relevant regulatory requirements.

If the co-owners don't agree to divide up the field, then neither of them can compel the field to be divided.

ittakestwo · 14-12-2021 1:22am

If they can agree on a split then they apply for a "deed of partition"

If they can't agree on a split or to one buying the other out, one can always apply to the court to sell their share. If one of the parties has not acted reasonable then costs maybe awared against them. Ie if a joint owner is not in agreement to sell all of the property and they also don't offer to buy the other owner out then costs maybe awarded against that owner should the other have to force a sale through the courts.

Peregrinus · 14-12-2021 2:12am

https://www.boards.ie/discussion/comment/118318091#Comment_118318091

The court won't order the sale of one person' share. If co-owners can't agree and their dispute ends up in court the likely court order is (a) an order directing one owner to buy the share of the other at market value, or (b) an order directing the sale of the whole property in the open market, with the proceeds to be divided between the co-owners in proportion to their respective shares.

ittakestwo · 14-12-2021 3:25am

https://www.boards.ie/discussion/comment/118318170#Comment_118318170

Sorry option B is what I ment by the court selling their share. Ie the whole property gets sold and they get their share from the sale after.

Dividing a land inheritance

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