What steps are required to file a court petition to partition land owned by multiple relatives in New Hampshire? | New Hampshire Partition Actions | FastCounsel
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What steps are required to file a court petition to partition land owned by multiple relatives in New Hampshire?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed New Hampshire attorney for guidance on your specific situation.

Detailed Answer

What Is a Partition Action?

Under New Hampshire law, a partition action lets co-owners divide or sell jointly held real property. It is governed by RSA 547:1 et seq. Any co-owner may file in the Superior Court of the county where the land lies.

Hypothetical Scenario

Imagine three siblings—Alice, Bob, and Carol—inherit a 12-acre parcel in Concord as tenants in common. They cannot agree on using or selling the land. Alice may petition the court to partition the property.

Step 1: Identify Co-Owners and Property Details

  • Obtain a certified copy of the deed or title abstract showing all co-owners.
  • Record the parcel’s legal description and tax map number from the county registry.

Step 2: Draft the Petition

The petition must include:

  • The full legal description of the property.
  • Names and last known addresses of every co-owner (defendant).
  • A statement of your ownership interest and your request for partition or sale.
  • Any relevant exhibits (deeds, maps).

Step 3: File in Superior Court

File the petition with the Clerk of the Superior Court in the county where the land is located. Pay the filing fee, typically around $180 (fees vary by county). You will receive a case number and filing stamp.

Step 4: Serve the Petition

Service must comply with RSA 547:3. You can:

  • Serve each co-owner personally or by certified mail with return receipt.
  • If you cannot locate a defendant, publish notice once in a local newspaper and post copies at the county courthouse and on the property.

Step 5: Wait for Response and Hearing

Defendants have 30 days after service to answer. The court schedules a hearing to confirm service and consider next steps.

Step 6: Appointment of Commissioner or Referee

At the hearing, the court appoints a commissioner (often a licensed surveyor or attorney) under RSA 547:6. The commissioner will:

  • Survey and physically divide the property if feasible.
  • If physical division is impractical, conduct a public sale and distribute proceeds according to each party’s share.

Step 7: Final Decree and Distribution

After partition or sale, the commissioner files a report. The court issues a decree confirming the division or sale. The clerk then records deeds or disburses sale proceeds, less costs and fees, to each co-owner.

Helpful Hints

  • Confirm the county and division of the Superior Court before filing.
  • Use a professional surveyor for complex property boundaries.
  • Maintain clear records of all service attempts and postings.
  • Consider mediation if co-owners are open to negotiation before filing.
  • Keep copies of all court filings, fee receipts, and commissioner reports.
  • Attend the hearing and be prepared to explain why partition or sale is necessary.
  • Consult with a New Hampshire attorney if any step feels unclear or contested.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.