New Mexico Partition Deed for Surface Estate

State:
Multi-State
Control #:
US-OG-316
Format:
Word; 
Rich Text
Instant download

Description

When parties own undivided interest in the surface of lands, if they desire to divide the lands so that each party owns, separately, a particular tract, this can be accomplished by the parties partitioning the lands. Then each will own a separate part of the lands in which all the parties owned an undivided interest. This form of partition deed accomplishes this objective.

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How to fill out Partition Deed For Surface Estate?

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FAQ

To transfer any rights to minerals successfully, follow these steps: The new owner has to acquire a copy of the deed for the site at a local courthouse in New Mexico. Review the deed to ensure it matches the description and to ensure that the so-called rights to any minerals are included in the property deed.

A partition action must be initiated with a verified complaint filed in the circuit court of the county where the land is located. 735 ILCS 5/17-101. The verified complaint needs to include a particular description of the premises sought to be divided.

The statutory period for adverse possession in New Mexico is ten years. 3 This means that an owner of land must take action against someone within ten years of that person taking possession of the land in order to prevent the person from acquiring superior title.

A partition action generally takes a year, a half, and two years to reach trial. Sometimes we can do them in less time, but occasionally it takes longer. In addition to how complex discovery is, whether there are discovery disputes, and how the court schedules trials, other factors factor into it.

Partition is the division of real or personal property between or among two or more co-owners, such as joint tenants or tenants-in-common. Partition is not a remedy available to owners who hold title as community property or quasi-community property.

Here are some of the most common ways to win a partition suit: Getting bought out at a fair price. ... The property being sold on the open market. ... Getting a co-owner to move out of the property so it can be rented. ... Getting reimbursed for the funds you put into the property.

The filing fee for partition cases in Tennessee is typically between $200 and $400, depending on the county where the case is filed. Additionally, court costs and attorney fees can add to the cost of a partition case.

A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of ?Partition?.

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New Mexico Partition Deed for Surface Estate