How to divide or force the sale of co-owned farmland in Rhode Island

Disclaimer: This article provides general information only and is not legal advice. Laws change and each situation is unique. Consult a licensed Rhode Island attorney to get advice about your specific case.

Detailed answer — step-by-step guide under Rhode Island law

When farmland is owned by two or more people, and those owners cannot agree about keeping, dividing, or selling it, Rhode Island law allows a court to order the land divided or sold through a partition action. The process typically follows these steps:

1. Confirm the ownership type and gather documents

First, determine how the farmland is owned. Common forms include tenancy in common (each owner has an individual share that can be transferred) or joint tenancy (ownership with right of survivorship). Collect documents: deeds, title report, mortgage and lien information, any written agreements among co-owners, lease or farm management contracts, and records of payments for taxes, mortgage, or improvements.

2. Try to reach agreement outside court

Cotenants often avoid court by negotiating a buyout, negotiating a physical division, or agreeing to sell and split proceeds. Mediation or a neutral facilitator can help. A written settlement avoids litigation costs and gives the parties control over the outcome.

3. When negotiation fails: filing a partition action

If co-owners cannot agree, any cotenant may file a partition lawsuit in the Rhode Island Superior Court asking the court to divide the property (partition in kind) or to sell it and divide the proceeds (partition by sale). Rhode Island law governing partition actions can be found in the state statutes; see the partition provisions in Title 34 (Property) of the Rhode Island General Laws: R.I. Gen. Laws, Title 34 — Partition provisions (index). For specific provisions, parties commonly look at the sections that address how courts handle partition and related procedures.

4. Court process and notice

Once the plaintiff files the complaint, the court issues process and every interested party (all cotenants and holders of recorded liens) must be served. The court may require proof of title and may order an accounting for rents, profits, taxes, mortgage payments, insurance, and improvements. Creditors with liens will be notified because liens may attach to sale proceeds or affect how the property is divided.

5. Valuation and the role of appraisers or commissioners

The court often orders a property valuation through a court-appointed commissioner or professional appraiser. The valuation helps the court decide whether a physical division is practical and fair or whether sale is the better option. The court may also appoint a commissioner or master to handle detailed tasks, such as dividing acreage, overseeing sale, or distributing proceeds.

6. Partition in kind vs. partition by sale

– Partition in kind: The court divides the land into separate parcels so each owner receives a separately titled piece. Courts prefer in-kind division when it is practical and results in reasonably equal shares without greatly harming the property’s value or agricultural use.
– Partition by sale: If the land cannot be fairly divided (for example, a single farm unit where division would destroy its productive value or be impractical), the court will order a sale. The court-supervised sale may be by public auction or other methods the court approves. After sale, the court deducts costs, satisfies liens, and distributes net proceeds among owners according to their ownership shares.

7. Accounting and adjustments

The court will consider credits and debits before distributing proceeds. Examples: one cotenant may have paid mortgage installments or invested in improvements; another may have collected rents or failed to pay agreed expenses. The court can order reimbursements, charge one cotenant with rent for exclusive use, or adjust distributions to reflect contributions and expenses.

8. Possible appeals and enforcement

Either party may appeal a final partition order within the timeframe allowed by Rhode Island appellate procedure. After final judgment, the court’s orders (title transfers, sale orders, distributions) are enforceable like other civil judgments.

Where to find the statutes and court information

Partition actions are governed by the Rhode Island General Laws (Title 34, Property) and the Superior Court’s rules and procedures. For statutory language and specific sections, review the Title 34 partition provisions at the Rhode Island General Assembly site: R.I. Gen. Laws, Title 34 — Partition provisions. For filing procedures and local forms, see the Rhode Island Judiciary / Superior Court pages: Rhode Island Superior Court.

Typical timeline and costs

Timelines vary. Simple negotiated divisions can take weeks to months. Court partition actions commonly take many months to more than a year depending on complexity, valuation, discovery, and whether the case goes to trial. Costs include court filing fees, attorney fees, appraisal and survey costs, commissioner fees, and sale costs. The court may allocate costs between parties in its discretion.

Common complications to watch for

Unrecorded agreements among owners or oral contracts.
Existing mortgages, tax liens, or judgment liens that affect proceeds.
Environmental or conservation restrictions, easements, or agricultural use programs that limit division or sale.
Disputes about who contributed what expenses and who should get credit.
Heirs or missing owners whose interests must be cleared or represented.

Helpful Hints

Collect all property documents early: deed, title report, tax records, mortgage statements, and written agreements.
Identify the ownership form (tenancy in common or joint tenancy). That affects who can force partition and how shares are treated.
Try mediation first. Courts often encourage settlement and many partition disputes resolve without trial.
Get a professional appraisal and a recent survey to understand how the land might be divided and what fair market value looks like.
Consider conservation easements or agricultural programs before pursuing division; some programs restrict subdivision or sales and could affect value or allowable uses.
Keep careful records of who paid taxes, mortgage, utilities, and improvements. The court will use those records in accounting adjustments.
Ask the court about appointing a receiver or manager if the farm is operating and requires management pending the case.
Consult a Rhode Island attorney experienced in property and partition matters early. They can explain likely outcomes, file the correct pleadings, and help protect your financial interest and farm operations.

If you want next steps: gather ownership documents and a title report, try to open settlement talks with the cotenants, and consult a Rhode Island attorney to evaluate whether a negotiated division or a court partition action is appropriate.