If my siblings and I own land together and I would like to build a house, put cows on it, can they stop me from doing this?

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If my siblings and I own land together and I would like to build a house, put cows on it, can they stop me from doing this?

Asked on December 2, 2012 under Real Estate Law, Oklahoma

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your siblings could file in court for an "injunction". This is a court order that orders a party to do or refrain from doing a certain act. They could then file for a "partition" action, which means the division of property among co-owners. Pursuant to such an action, if a property can be physically divided the court will so instruct. However, if division is impracticle or other wise not practical (e.g. due to zonig regulations) the court will order a "sale in lieu of partition" wherein there would be a sale of the property and an equitable division of the proceeds among all co-owners. However, before a sale the court would permit one co-owner to purchase the interest of the remaining co-owner (at fair market value).


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