Three siblings inherit a family farm as tenants in common. They can no longer agree on the use of the land and decide to partition the property. What is the most likely outcome if the land cannot be physically divided equitably?
The court will appoint a trustee to manage the property on behalf of the co-owners.
The court will order a partition by sale, and the proceeds will be distributed among the co-owners.
The court will order a partition in kind, dividing the property into equal sections.
The court will maintain the current ownership arrangement indefinitely.
When property cannot be physically divided in a fair and equitable manner, courts typically order a partition by sale. This allows the property to be sold, and the proceeds distributed among the co-owners based on their ownership interests.
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Multistate Bar Examination
Real Property
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