Allegheny Pennsylvania Agreement to Partition Real Property According to Award of Surveyor

State:
Multi-State
County:
Allegheny
Control #:
US-1192BG
Format:
Word; 
Rich Text
Instant download

Description

Partition is the division between two or more persons of real or personal property held by them in common ownership. The division can take place between joint tenants or tenants in common.

The Allegheny Pennsylvania Agreement to Partition Real Property According to Award of Surveyor is a legal document that outlines the division of a real property based on the findings and recommendations of a professional surveyor. This agreement is particularly useful in cases where multiple owners or co-tenants jointly own a piece of real estate and wish to divide it in a fair and equitable manner. The process of partitioning a property in Allegheny Pennsylvania begins with hiring a qualified surveyor who conducts a thorough survey of the land. The surveyor carefully measures and maps out the boundaries of the property, identifying any encroachments, easements, or other relevant features. The surveyor also takes into account existing structures, such as buildings, fences, or utility lines, to accurately determine the layout of the property. Once the survey is complete, the award of the surveyor serves as the foundation for the Agreement to Partition Real Property. The agreement specifies the exact division of the property based on the surveyor's findings, including the allocation of acreage or square footage to each respective owner or co-tenant. It may also detail the rights and responsibilities of each party regarding shared amenities, maintenance, and access to the property. Different variations of the Allegheny Pennsylvania Agreement to Partition Real Property According to Award of Surveyor may exist based on the specific circumstances and unique needs of the property owners involved. Some common types include: 1. Agreement to Partition Residential Property: This type of agreement is typically used when multiple individuals jointly own a residential property, such as a house or a condominium unit. It helps to define the boundaries of each owner's designated area within the property, ensuring a fair split and smooth coexistence. 2. Agreement to Partition Commercial Property: Commercial properties, such as retail spaces or office buildings, often have multiple owners or tenants. In such cases, an Agreement to Partition based on the surveyor's award can be created to delineate clear boundaries, tenant rights, and shared responsibilities, facilitating effective management and operation of the property. 3. Agreement to Partition Agricultural Property: This type of agreement is relevant for cases where individuals co-own agricultural land, such as farms or ranches. The award of the surveyor helps define separate portions of land for farming, livestock rearing, or other agricultural activities, allowing for efficient utilization and division of resources. Overall, the Allegheny Pennsylvania Agreement to Partition Real Property According to Award of Surveyor is a valuable legal instrument that ensures a fair and precise division of jointly owned real estate based on professional surveyor expertise. By clearly establishing boundaries and designating rights and responsibilities, this agreement promotes amicable co-ownership and optimal use of the property resources.

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FAQ

There are three methods of Partition provided by state law: (1) Partition by Physical Division, (2) Partition by Sale, and (3) Partition by Appraisal. Also known as Partition in Kind, a Partition by Physical Division requires the Court to divide the land by its proportional value.

A Partition By Sale allows a co-owner of real property to force a sale of the entire property despite the unwillingness of any co-owner. Absent a waiver, an owner has an absolute right to partition his or her interests in the property and force a sale of the property.

The right of partition allows co-owners who are seeking to terminate their interests in a piece real property to do so by utilizing the appropriate court to force the sale of the property.

To initiate a partition action in Pennsylvania, a co-owner must file a partition complaint at the Court of Common Pleas in the county in which the property is located. The partition complaint will include the names of the co-owners, the property description, the co-owners interest in the property.

If you have to go to court, the process could take around two years from start to finish. However, if you can agree through mediation, the process could take significantly less time. The length depends on your lawyer's preparation, methods, how many owners are involved, and how much each party is willing to compromise.

A partition suit is an effective remedy for resolving real estate ownership disputes, particularly ones in which co-owners cannot agree on whether to sell or keep a piece of property. Your strategy for how to win a partition action will depend on what you are seeking to do with the property at issue.

A partition is a division of concurrent interests in land. Such types of concurrent ownerships are usually either joint tenancies or tenancies in common.

Partition. Tenants in common and joint tenants can petition a court to partition the property. This means that the court is being asked to divide the property into different lots or sections.

A partition and exchange agreement is one standard method for married couples to legally divide community assets in a way that is similar to legal separation. This option allows the couple to legally change and divide (partition) community assets into separate property.

Documents required for filing a petition suit Identity proof of legal heir. Certified copies of all title deeds of the property, including the description of the property. Valuation of property. Birth and Residence proof of the legal heir. Death certificate of the deceased owner, in original.

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Allegheny Pennsylvania Agreement to Partition Real Property According to Award of Surveyor