Detailed answer

Co-owners of farmland in Florida who cannot agree on use, management, or disposition have several paths to divide or force the sale of the land. Florida law allows a co-owner to ask a court to divide the property (partition) or order a sale and distribution of the proceeds when a physical division is impractical or inequitable. The governing law for these actions is Florida Statutes, Chapter 64. See: Florida Statutes, Chapter 64 (Partition).

Step-by-step overview

1. Confirm ownership and rights.

   Begin by examining the deed, title, and any agreements. Determine whether owners hold the land as tenants in common, joint tenants with right of survivorship, or under some formal agreement (operating agreement, buy-sell, farmland partnership). Tenants in common generally can force partition; rights of survivorship affect transfer on death but do not always prevent partition.

2. Explore non-litigation solutions first.

   Courts favor settlement when possible. Options include buyout (one owner purchases others), negotiated sale and division of proceeds, forming an entity to manage and buy out interests, or mediation. A written settlement avoids court costs and loss of value from forced sale.

3. Obtain an appraisal and practical information.

   Get one or more professional appraisals and maps showing property lines, access, parcel features, easements, conservation or agricultural restrictions, and any leases or farm program participation. Appraisals help the court (or parties) decide if physical division is feasible and fair value for a buyout.

4. File a partition action (if negotiation fails).

   A co-owner files a partition complaint in the county circuit court asking the court to divide the property or order a sale. The complaint must name all owners and interested parties (mortgagees, lienholders, leaseholders) so the court can resolve all claims. Florida Statutes Chapter 64 sets the procedures and remedies for partition actions. (Ch. 64).

5. Service, response, and early court steps.

   Defendants (co-owners and lienholders) receive notice and may answer. The court may set preliminary hearings to determine interests, potential encumbrances, and whether a partition in kind (physical division) is possible.

6. Court evaluates partition in kind vs. partition by sale.

   The court prefers partition in kind (physically dividing acreage) when it is practicable and equitable. The court considers parcels’ sizes, access, uses (crop fields, pastures, buildings), resulting fairness, and marketability. If dividing would substantially impair value or is impractical, the court will order sale and distribution of proceeds.

7. Appointment of commissioners, referees, or a receiver.

   The court often appoints commissioners or a referee to survey, propose division lines, handle notices, and carry out the sale. These appointed persons report back to the court and may conduct auctions or private sales under court supervision.

8. Sale process if ordered.

   If the court orders sale, it will set the method (public auction or court-supervised sale), require notices, and allow upset bids if provided by court order. Sale proceeds pay valid liens, mortgages, and court costs, and remaining funds are distributed among co-owners according to their ownership shares.

9. Resolving encumbrances, leases, and program obligations.

   Mortgages, recorded liens, and prior recorded easements survive partition and must be paid or treated according to priority from sales proceeds. Active crop leases, conservation easements, or government program obligations (e.g., CRP, farm subsidies) can affect saleability and division and must be disclosed and resolved.

10. Final accounting and distribution.

    After sale or division, the court approves a final accounting subtracting costs (appraisal, commissioner fees, attorney’s fees if awarded, liens, taxes). The court then issues an order directing distribution of funds or transfers of divided parcels.

11. Possible appeals and timeline.

    Parties may appeal certain orders. The time from filing to final resolution often ranges from several months to a year or more depending on complexity, contested issues, title defects, and whether the matter settles. Sales and distributions may be delayed pending resolution of appeals or lien disputes.

Special considerations for farmland

• Physical division can be complex when farmland includes irrigation, drainage, shared fences, or contiguous fields that lose value when split.
• Conservation easements, agricultural classifications, or government program participation can restrict division or sale and affect tax consequences.
• Active crop leases or tenant farmers may need notice; harvest and rent responsibilities should be resolved before sale.
• Tax implications: forced sale or buyout may trigger capital gains, depreciation recapture, or changes to agricultural tax classification. Consult a tax professional.

Where to find the statute

Florida’s partition statutes are collected in Chapter 64. See: Florida Statutes, Chapter 64.

Important disclaimer: This article explains general legal concepts and Florida procedures. It is not legal advice. For advice about a specific situation, consult a licensed Florida attorney who handles real property and partition matters.

Helpful hints

• Collect and keep originals or certified copies of deeds, title insurance, mortgages, leases, easements, and any written co-owner agreements.
• Get a professional appraisal early to set realistic expectations for buyouts or division.
• Talk to co-owners about mediation or a buyout before filing suit. Court-ordered sales often reduce net value.
• Identify and notify lienholders, tenants, and anyone with a recorded interest. Failure to join necessary parties can delay the case.
• Consider temporary agreements for farm operations (who will farm, pay expenses, and receive proceeds) while disputes continue.
• Ask whether conservation easements, agricultural classifications, or federal programs limit division or sale; these can affect feasibility and price.
• Budget for costs: court fees, appraisals, survey costs, commissioner fees, and attorney fees (each case varies; courts sometimes award fees in equitable circumstances).
• Consult both a Florida real property attorney and a tax advisor before finalizing a complex settlement or sale to understand legal and tax consequences.