Quick answer

If co-owners (for example heirs) cannot agree about what to do with family farmland in New York, any co-owner generally has a right to ask a court to partition the property. A court can either divide the land physically (partition in kind) or order sale and divide the proceeds (partition by sale). Before filing a court action, owners should consider alternatives such as a buyout, mediation, or a voluntary sale. The partition process is governed by New York law (see RPAPL Article 9).

Detailed answer: steps, options, and what to expect

1. Confirm how title is held

Most heirs who inherit farmland hold it as tenants in common. Each tenant in common owns an undivided fractional interest and may force partition. If the property is held differently (for example, as tenancy by the entirety by a married couple or subject to a life estate), different rules can apply. Check the deed and any recorded documents to confirm ownership and any recorded restrictions, easements, or mortgages.

2. Try to resolve the dispute without court

• Buyout: One or more co-owners can buy the others’ shares based on an agreed appraisal or formula. Put the agreement in writing and record any new deed.
• Voluntary sale and split proceeds: Owners can agree to sell the farm to an outside buyer and divide the net proceeds according to ownership shares after paying liens and costs.
• Mediation or family settlement: Neutral mediation often resolves value and use disputes and saves time and cost compared to litigation.
• Partition agreement: Heirs can sign a written partition agreement spelling out division or sale terms and procedures for future disputes.

3. Partition action in New York (when agreement fails)

If negotiations fail, any co-owner may file a partition action in the Supreme Court in the county where the farm is located under New York’s Real Property Actions and Proceedings Law (RPAPL Article 9). Key points:

• Relief sought: The plaintiff asks the court either to physically divide the land (partition in kind) or to sell the land and divide the proceeds (partition by sale).
• Typical process: filing a petition, serving co-tenants, possible answers and counterclaims, court-ordered appraisal or accounting, and appointment of a referee or commissioner to carry out partition steps.
• Partition in kind preferred: The court will consider whether the property can be fairly and practically divided. If equitable division would be impractical or would prejudice co-owners (for example, resulting parcels too small to farm), the court often orders sale instead.
• Sale and distribution: If the court orders a sale, it may direct a public auction or private sale. After satisfying mortgages, liens, taxes, and costs (including attorney and commissioner fees), the court distributes net proceeds to owners according to their ownership shares.
• Costs and timing: Partition suits can be costly and take months or longer, depending on complexity, title issues, mortgage claims, and whether appeals follow.

4. Practical matters the court will consider

• Whether the land can be fairly divided without destroying its productive or economic value.
• Improvements, unique features, and access (roads, water, easements).
• Existing mortgages, tax liens, conservation easements, or other recorded restrictions that affect value or limit subdivision or sale.
• Possibility of buyout offers from co-owners at appraised value.

5. Special issues for farmland

• Conservation easements or agricultural district rules may limit subdivision or development and can reduce marketability. Review recorded documents carefully.
• If the property is subject to farm leases, tenancy rights can affect possession and income distribution until the farm is sold or divided.
• Surface and mineral rights, water rights, or government program payments (for example, farm subsidies) may need accounting before distribution.

6. Tax and estate considerations

Splitting or selling farmland has tax consequences. Estate tax or basis step-up at death, capital gains on sale, and farm-specific tax relief or rollover rules may apply. Consult a tax advisor or accountant before finalizing a sale or buyout.

7. Next steps and how an attorney can help

An attorney can review title, draft settlement or buyout agreements, represent you in mediation, prepare and prosecute or defend a partition action, and coordinate with appraisers and real estate professionals. If you proceed with partition litigation, counsel helps protect your share, flag liens or offsets, and argue for in-kind division if appropriate.

Statute reference: see New York’s partition law in RPAPL Article 9 for procedural provisions and remedies.

Helpful Hints

• Start with a written title review. Confirm chains of title, recorded easements, mortgages, and any conservation restrictions.
• Get a professional appraisal early. A credible valuation helps parties decide whether buyout or sale is realistic.
• Consider mediation before filing suit. Mediators often preserve family relationships and reduce legal bills.
• If you fear loss of farmland value through subdivision, document agricultural utility (crop history, irrigation, soil quality) for court consideration.
• Account for outstanding debts secured by the farm—mortgages and tax liens will come off the top in a partition sale.
• Keep records of improvements, expenses, and rental income—these affect equitable adjustments or credits in partition accounting.
• Ask about alternatives such as life estates, long-term leases, or conservation sales that preserve farming while providing liquidity.
• Talk to a lawyer experienced in New York partition and real property law early if co-owners are far apart or communications have broken down.