What Does a Partition Referee Do?


A partition referee is an independent third party appointed by a court to oversee the partition of real property that is co-owned by two or more people. Partition refers to the legal process of dividing up commonly owned land or property.


Main Role of a Partition Referee

The role of the partition referee is to ensure an impartial and equitable division or sale of the co-owned property. The specific duties of a partition referee may include:
 

  • Reviewing legal documentation about the property such as deeds, titles, surveys, appraisals, encumbrances like mortgages, and any other relevant records.
  • Physically inspecting the property and documenting its condition, features, and value. This may involve walking the land, taking measurements, photographing structures and landmarks, interviewing neighbors, assessing market conditions in the area, etc.
  • Determining if the property can be equitably partitioned or divided based on considerations like acreage, access rights, existing structures, usage rights, value per segment, and the wishes of the co-owners. Geographic or physical barriers like waterways may also impact partition options. This involves equipment appraisal as well.
  • Evaluating whether the property should instead be sold outright if partition is detrimental based on factors like devaluation or impractical divisions. In some cases, sale and division of proceeds may be more feasible than physical partitions.

Other Services from a Partition Referee   

Apart from the above-mentioned services, you can also expect few more services from a partition referee. Let’s look at them in detail.
 

  • Proposing one or more specific schemes to divide or sell the property for court approval and the co-owners' consideration. This will describe precise perimeter boundaries, access routes, valuation methods, and rationales used if partitioning into separate parcels.
  • Addressing objections to any proposed partitions from co-owners who feel allotments are inequitable before finalizing recommendations. Referees must weigh objections but still aim for fairness across all parties.
  • Preparing a written report for the court detailing recommended partitions or sales based on evidence gathered during the process. All factors influencing conclusions must be documented.
  • Facilitating negotiations and communications between co-owners to reach mutual agreements about dividing or selling the property. The referee serves as an impartial mediator focused on compromise.

A partition referee typically has legal knowledge, real estate expertise, appraisal skills, surveying capabilities, and dispute resolution experience to take on the complex task of dividing disputed properties fairly. Their oversight aims to resolve partition cases efficiently and avoid further court hearings. Appointing a partition referee is often the best path to separating jointly owned real estate.


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