Short answer: If heirs who own farmland together cannot reach an agreement, Maryland law allows any co-owner to file a partition action in court to seek either a physical division of the land (partition in kind) or a court-ordered sale (partition by sale). Courts prefer division in kind when feasible, but will order sale when dividing the land fairly is impractical or would significantly reduce value. Many families resolve disputes first by negotiation, buyouts, or mediation to avoid the time and cost of litigation.

Detailed answer — how partition works in Maryland and your main options

This section explains the legal options, typical procedures, and practical considerations when multiple heirs co-own farmland in Maryland. This is general information and not legal advice.

1. Understand how you hold title

Start by determining whether the property is owned as joint tenants with right of survivorship, tenants in common, or under some other arrangement. Heirs who inherit farmland most commonly are tenants in common (each owns a fractional share that can be sold or inherited). Tenancy type affects who can force a partition and what the court will do.

2. Voluntary solutions (recommended first)

• Negotiated division. If practical, owners can agree to physically divide the farm into separate parcels. A survey and plat will be required.
• Buyout. One or more owners can buy the shares of others at an agreed price or based on an independent appraisal.
• Mediation or family settlement. Neutral mediation often resolves disputes faster and less expensively than court. Many Maryland courts and community dispute programs offer mediation resources.
• Operating agreement. Heirs can adopt an agreement that governs use, costs, and buyout procedures to prevent future disputes.

3. Court option: Partition action

If voluntary solutions fail, any co-owner may sue for partition in the circuit court where the land sits. A partition action asks the court to divide the property among the owners or to order a sale and divide the proceeds according to ownership shares.

Partition in kind vs partition by sale

• Partition in kind — the court divides the land into separate parcels so each owner receives a physically distinct parcel proportionate to their share. Courts prefer this when a fair division is practicable without harming value.
• Partition by sale — when a fair physical division is impractical (for example, a single small tract, irregular parcels, or when dividing would reduce overall farm value), the court may order the property sold and distribute net proceeds according to ownership shares.

The court looks at factors such as the nature of the land, number of owners, whether parcels can be divided without materially reducing value, and fairness to all parties.

Typical partition process and timeline

1. Filing: A co-owner files a complaint for partition in the circuit court where the property is located.
2. Service and response: Other owners are served and may respond; the court may require preliminary disclosures (deeds, surveys, loans, tax records).
3. Appointment of commissioners or referees: Courts often appoint commissioners or a special master to inspect, value, and propose division or sale procedures.
4. Valuation and accounting: The court will determine each owner’s share, credits (for improvements or payments of taxes/mortgage), and liens. The court can offset contributions (e.g., one owner paid mortgage or made improvements) by awarding credits.
5. Decision: The court issues an order for partition in kind or sale. If sold, the sale is usually by public auction or realtor sale under court supervision.
6. Distribution: After paying costs, liens, and any credits, the court distributes net proceeds to owners by share.

Time and cost vary, but a contested partition can take many months to over a year and involve appraisal, survey, commission fees, and attorney fees.

4. Credits, liens, and costs

Maryland courts will account for contributions by co-owners such as mortgage payments, taxes, repairs, or improvements. An owner who paid for upkeep or improvements may receive credit or reimbursement before proceeds are split. Liens (mortgages, tax liens) attach to the property and will be paid from sale proceeds per priority.

5. Agricultural considerations and conservation restrictions

When farmland is in use or subject to conservation easements, tree conservation, or farm subsidies, division or sale may affect those programs and property value. Check USDA or state farm program rules and easement documents before dividing or selling.

6. Alternatives and practical steps

• Selling to an outside buyer by mutual agreement can be cleaner and faster than court sale.
• Install a buy-sell formula in writing (appraisal method, right-of-first-refusal) to manage future disputes.
• Consider creating a family LLC or partnership to own the farm; members can then cash out according to agreement terms rather than force partition.

How Maryland courts and resources can help

Maryland’s judiciary provides information about partition actions and civil procedures. For practical guidance about starting a partition case or locating local forms and rules, see the Maryland Courts website (self-help pages and local circuit court information): Maryland Courts — Rules and court information and the Maryland Courts self-help pages for estate/real property topics: Maryland Courts — Legal Help.

If you want to read statutes and legislative text, consult the Maryland General Assembly website for the Maryland Code: Maryland General Assembly — Laws & Code. (Specific partition procedures are implemented through court practice and relevant parts of Maryland law; a local attorney can point to the exact statutory and rule-based authorities that apply to your case.)

When to hire an attorney

Consider hiring an attorney when:

• Co-owners strongly dispute value, use, or proposed division.
• Significant improvements, mortgages, or tax liens exist.
• There are complicated title issues, multiple heirs, or potential creditors.
• You need advice on buyouts, farm program impacts, or drafting ownership agreements.

An attorney experienced in Maryland real property and probate/estate matters can explain rights, represent you in court, and help negotiate settlement terms or structured buyouts.

Practical checklist — documents and information to gather now

• Deed(s) and chain of title
• Last several years of property tax bills and proof of payments
• Mortgage statements or liens on the property
• Recent survey(s), plats, or maps
• Records of improvements, repairs, or payments by any co-owner
• Lease or farm tenant agreements and income documentation
• Wills or probate documents showing heirs’ interests