How Do You Sell Half a a Duplex Separately From the Other Half?
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Answer:
I'm unsure what the nature of the other attorney's action was, but it may be that the building was partitioned so that title to each half is now deeded separately to separate owners as two individual properties. An action for partition usually arises when there is a dispute as to how to divide property, or in a dispute as to whether property should be sold. One co-owner of real property can file to get a court order requiring the sale of the property and division of the profits, or division of the land between the co-owners, which is often a practical impossibility. If the property was partioned, selling one of the partioned interests should be allowed without affecting the other property interest. However, it is possible a restrictive covenant exists in the deed, limiting the use of the property. We are prohibited from giving legal advice, as this service provides information of a general legal nature. I suggest contacting the neighbor's attorney or consulting another local attorney who can review all the facts and documents involved.
