reglab/housing_qa huggingface dataset:
NC Gen Stat § 46A-50 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-50 - Commissioners appointed; compensation; oath; delay or neglect.

 46A-50. Commissioners appointed; compensation; oath; delay or neglect.(a) Appointment. - The superior court shall appoint three disinterested commissioners to apportion the real property to be partitioned among the cotenants. If the property to be partitioned is located in more than one county, the court may appoint additional commissioners if necessary from counties where the property is located other than the county where the proceeding is commenced.(b) Compensation. - The clerk of the superior court shall fix the compensation of commissioners for the partition of real property according to G.S. 1-408.(c) Oath. - The commissioners shall be sworn according to Chapter 11 of the General Statutes.(d) Delay or Neglect. - If, after accepting the commission, any of the commissioners unreasonably delays or neglects to perform his or her duties as a commissioner, the court may remove the commissioner and appoint a new commissioner.  (1868-9, c. 122, ss. 1, 2, 10; Code, ss. 1892, 1893, 1901; Rev., ss. 2487, 2492, 2498; C.S. 3219, 3220, 3221; Ex. Sess. 1924, c. 62, s. 2; 1945, c. 472; 1949, c. 975; 1953, c. 48; 1971, c. 1185, s. 8; 2020-23, ss. 2(i)-(l), 3.)
NC Gen Stat § 46A-51 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-51 - Commissioners to inspect and partition real property; apportioning shares; charging owelty on shares of disproportionately greater value.

 46A-51. Commissioners to inspect and partition real property; apportioning shares; charging owelty on shares of disproportionately greater value.(a) Apportioning Shares; Charging Owelty on Shares. - The commissioners together shall inspect the real property and partition it among the cotenants by apportioning it into shares proportionate in value as nearly as possible to the cotenants' interests in the property. To the extent the commissioners find it necessary to make an equitable partition, they may do any of the following:(1) Apportion the property into shares disproportionate in value to the cotenants' interests in the property and charge owelty on the shares of disproportionately greater value in the amounts of money necessary to redress the disproportion, to be paid to the shares of disproportionately lesser value.(2) Adjust the shares or any owelty charged on the shares to account for a court order for contribution under G.S. 46A-27 or any other court order.(b) Interest on Owelty. - Owelty shall bear interest at the legal rate under G.S. 24-1 until paid.(c) Minor's Share. - If a share charged with owelty is apportioned to a minor, the money shall not be payable until the minor becomes 18 years old. If the minor has a guardian of the estate or general guardian, however, the guardian shall pay the money when the guardian receives assets belonging to the minor, other than the share, that may be used for that purpose. If the guardian fails to comply with this subsection, the guardian shall be personally liable for any interest that accrued due to the failure.  (1868-9, c. 122, ss. 3, 8, 9; Code, ss. 1894, 1899, 1900; 1887, c. 284, s. 2; Rev., ss. 2491, 2496, 2497; C.S., ss. 3222, 3223, 3224; 1971, c. 1231, s. 1; 1995, c. 379, s. 14(b); 2020-23, ss. 2(m)-(o), 3.)
NC Gen Stat § 46A-52 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-52 - Partition where cotenants unknown or title disputed.

 46A-52. Partition where cotenants unknown or title disputed.(a) If there are any cotenants whose names are not known or whose title is in dispute, the shares of those cotenants shall be apportioned together as one parcel.(b) In any partition proceeding, if two or more cotenants appear as respondents claiming the same undivided interest in the real property to be partitioned, or if any part of the undivided interest claimed by the petitioner is disputed by any respondent, it shall not be necessary to decide on their respective claims before the court orders an actual partition or partition sale of the property. The controversy between the contesting parties may be afterwards decided either in the same or an independent proceeding.  (1868-9, c. 122, s. 3; Code, s. 1894; 1887, c. 284, ss. 2, 4; Rev., ss. 2491, 2511; C.S., s. 3225; 1937, c. 98; 2020-23, ss. 2(p), 3.)
NC Gen Stat § 46A-53 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-53 - Apportionment of shares in common.

 46A-53. Apportionment of shares in common.When requested by two or more cotenants, the commissioners may, by order of the court, apportion their several shares to them in common, as one parcel, so long as the apportionment is not injurious or detrimental to any cotenant.  (2020-23, s. 3.)
NC Gen Stat § 46A-54 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-54 - Dedication of streets.

 46A-54. Dedication of streets.Upon motion of any party or the commissioners, the clerk may authorize the commissioners to propose in their report the dedication of portions of the real property that are necessary as a means of access to any share or that are otherwise advisable for public or private highways, streets, or alleys. The court shall consider the proposal as a part of the report and, if approved by the court, it shall constitute a dedication. Only a dedication approved by a judge of the superior court affects the interest of a minor, an incompetent adult, or another person under a legal disability.  (1969, c. 45; 2020-23, ss. 2(t), 3.)
NC Gen Stat § 46A-55 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-55 - Report of commissioners; contents; filing and service; extension; map.

 46A-55. Report of commissioners; contents; filing and service; extension; map.(a) Report. - The commissioners shall file a report of their proceedings in the office of the clerk of superior court within 90 days after the last commissioner receives a notice of appointment. The report shall be signed by at least two commissioners and shall describe particularly the real property or parcels of real property apportioned, the share apportioned to each cotenant in severalty, and any owelty charged. The clerk of the superior court may, for good cause shown, extend the time for filing the report for an additional period not exceeding 60 days. At the time of filing, the commissioners shall serve a copy of the report on all the parties.(b) Map. - The commissioners may employ a disinterested professional land surveyor to prepare a map of the real property showing the quantity, courses, and distances of each share. If a map is prepared, the map shall accompany and form a part of the report of the commissioners.  (1868-9, c. 122, ss. 4, 5; Code, ss. 1895, 1896; Rev., ss. 2493, 2494; C.S., ss. 3228, 3229; 1949, c. 16; 2009-362, s. 1; 2020-23, ss. 2(s), (u), 3.)
NC Gen Stat § 46A-56 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-56 - Confirmation of report; appeal; motion for relief.

 46A-56. Confirmation of report; appeal; motion for relief.(a) If no exception to the report of the commissioners is filed within 10 days of service of the report on all the parties, the clerk shall confirm the report.(b) If an exception to the report of commissioners is filed, the clerk shall do one of the following:(1) Confirm the report.(2) Recommit the report for correction or further consideration.(3) Vacate the report and direct the same commissioners to reapportion the real property.(4) Vacate the report, discharge the commissioners, and appoint new commissioners to view the real property and partition it.(c) Appeal from the clerk to superior court of an order of confirmation of the report of commissioners is governed by G.S. 1-301.2 except that the judge may take only the actions specified in subsection (b) of this section and shall not adjudge a partition of the property different from that made by the commissioners.(d) After confirmation of the report, any party may seek relief from the order of confirmation for mistake, fraud, or collusion by a motion in the proceeding. This relief, however, shall not affect an innocent purchaser for value and without notice.  (1868-9, c. 122, s. 5; Code, s. 1896; Rev., s. 2494; C.S., s. 3230; 1947, c. 484, s. 2; 1999-216, s. 11; 2020-23, ss. 2(v), 3.)
NC Gen Stat § 46A-57 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-57 - Report and confirmation enrolled and registered; effect.

 46A-57. Report and confirmation enrolled and registered; effect.The report of the commissioners, when confirmed, and the order of confirmation shall be enrolled and certified to the register of deeds and registered in the office of each county where the real property is located. The confirmed report is binding among and between the parties and the parties' heirs and assigns.  (1868-9, c. 122, s. 6; Code, s. 1897; Rev., s. 2495; C.S., s. 3231; 1965, c. 804; 2020-23, ss. 2(w), 3.)
NC Gen Stat § 46A-58 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-58 - Clerk to docket owelty.

 46A-58. Clerk to docket owelty.If the court orders owelty, the clerk shall enter the owelty on the judgment docket in the same manner as judgments are entered on the docket. The clerk shall mark as plaintiffs on the judgment docket persons whose shares are to be paid owelty, and the clerk shall mark as defendants on the judgment docket persons whose shares are charged with owelty. The entry on the docket shall contain the title of the special proceeding in which the property was partitioned. When owelty is paid, the entry upon the judgment docket shall be marked satisfied in the same manner as judgments are cancelled and marked satisfied, and the clerk shall be entitled to the same fees for entering this judgment as the clerk is entitled to for docketing other judgments. The docketing of owelty under this section does not release the property from the owelty. Any judgment docketed under this section is not a lien on any property other than the property charged with owelty.  (1911, c. 9, s. 1; C.S., s. 3232; 2020-23, ss. 2(x), 3.)
NC Gen Stat § 46A-59 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-59 - Order for possession.

 46A-59. Order for possession.(a) An order for possession of real property apportioned pursuant to this Part, in favor of the party to which an apportionment has been made and against any party in possession at the time of application therefor, may be issued by the clerk of the superior court if all of the following apply:(1) No appeal from the order of confirmation of the report of commissioners has been made within the time prescribed under G.S. 1-301.2, or if an appeal has been made, the judge confirmed the report pursuant to G.S. 46A-56(c).(2) The report and confirmation have been duly recorded in the office of the register of deeds pursuant to G.S. 46A-57.(3) Ten days' notice has been given by the party applying for the order for possession to each party remaining in possession at the time application is made. The notice shall not be given until the clerk has confirmed the report of the commissioners pursuant to G.S. 46A-56.(b) An order for possession issued pursuant to this section shall be directed to the sheriff and shall authorize the sheriff to remove all occupants and their personal property from the real property and to put the party to which an apportionment has been made in possession. The order shall be executed in accordance with the procedure for executing a writ or order for possession in a summary ejectment proceeding under G.S. 42-36.2. The party to which an apportionment has been made has the same rights and remedies in connection with the execution of an order for possession and the disposition of personal property following execution as are provided to a landlord under State law, including Chapters 42 and 44A of the General Statutes.  (2020-23, s. 3.)
NC Gen Stat § 46A-75 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-75 - Sale in lieu of actual partition.

 46A-75. Sale in lieu of actual partition.(a) Subject to G.S. 46A-29(b), the court shall order a sale of the real property described in the petition, or of any part of the property, under this Part only if it finds by a preponderance of the evidence that an actual partition of the property pursuant to Part 2 of this Article cannot be made without substantial injury to any of the parties, after having considered evidence in favor of actual partition and evidence in favor of a sale presented by any of the parties. The party seeking a sale of the property has the burden of proving substantial injury under this section.(b) In determining whether an actual partition would cause substantial injury to any of the parties, the court shall consider all of the following:(1) Whether the fair market value of each cotenant's share in an actual partition of the property would be materially less than the amount each cotenant would receive from the sale of the whole.(2) Whether an actual partition would result in material impairment of any cotenant's rights.(3) Whether charging owelty under G.S. 46A-51 would eliminate or mitigate any substantial injury to any of the parties caused by an actual partition.(c) If the court orders a partition sale, the court shall make specific findings of fact and conclusions of law supporting the order.(d) As provided in G.S. 46A-52, if two or more parties claim the same undivided interest in the property, the court is not required to decide the issue before ordering a partition sale of the property.  (1868-9, c. 122, ss. 13, 31; Code, ss. 1904, 1921; Rev., s. 2512; C.S., s. 3233; 1985, c. 626, s. 1; 2009-512, s. 2; 2020-23, ss. 2(y), 3.)
NC Gen Stat § 46A-76 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-76 - Sale procedure.

 46A-76. Sale procedure.(a) General. - The procedure for a partition sale is the same as is provided in Article 29A of Chapter 1 of the General Statutes, except as provided in this Part.(b) One Commissioner Sufficient. - In a partition sale, the court is not required to appoint more than one commissioner.(c) Persons Not to Be Appointed. - The clerk of the superior court shall not appoint the clerk, an assistant clerk, or a deputy clerk to make a sale of the real property.(d) Additional Requirement; Notice of Public Sale. - If the court orders a public sale, the commissioner shall certify to the court that at least 20 days prior to sale, a copy of the notice of sale was sent by first-class mail to the last known address of all parties previously served pursuant to G.S. 1A-1, Rule 4(j). An affidavit from the commissioner that copies of the notice of sale were mailed to all parties entitled to notice in accordance with this section satisfies the certification requirement and shall also be deemed prima facie true.  (1868-9, c. 122, ss. 13, 15, 31; Code, ss. 1904, 1906, 1921; 1899, c. 161; Rev., ss. 2512, 2513; C.S., ss. 3239, 3242; 1949, c. 719, s. 2; 1985, c. 626, s. 2; 1987, c. 282, s. 7; 2009-512, s. 4; 2020-23, ss. 2(ff), (mm), 3.)
NC Gen Stat § 46A-77 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-77 - Cotenant credit.

 46A-77. Cotenant credit.Any cotenant entering the high bid or offer at any sale of one hundred percent (100%) of the undivided interests in any parcel of real property shall receive a credit for the undivided interest the cotenant already owns in the real property and shall receive a corresponding reduction in the amount of the total purchase price owed after deducting the costs and fees associated with the sale and allocating the costs and fees associated with the sale in accordance with the orders of the court. The high bid or offer shall be for one hundred percent (100%) of the undivided interests in the parcel of real property sold, and the credit and reduction shall be applied at the time of the closing of the cotenant's purchase of the real property. When two or more cotenants jointly make the high bid or offer at the sale, they may receive at the closing an aggregate credit and reduction in the amount of the total purchase price representing the total of their undivided interests in the real property. Any credits and reductions allowed by this subsection shall be further adjusted to reflect any court-ordered adjustments to the share of the net sale proceeds of each of the cotenants entering the high bid or offer, including, but not limited to, equitable adjustments to the share of the net sales proceeds due to a court finding of the lack of contribution of one or more cotenants to the payment of carrying costs or improvements of the real property under G.S. 46A-27.  (1868-9, c. 122, ss. 13, 31; Code, ss. 1904, 1921; Rev., s. 2512; C.S., s. 3239; 1949, c. 719, s. 2; 1985, c. 626, s. 2; 1987, c. 282, s. 7; 2009-512, s. 4; 2020-23, ss. 2(gg), 3.)
NC Gen Stat § 46A-78 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-78 - Partition sale of real property subject to a life estate.

 46A-78. Partition sale of real property subject to a life estate.If the real property to be partitioned by sale is subject to a life estate, a life tenant who joins in the proceeding shall receive the value of the life tenant's share calculated according to mortality tables accepted by the court and paid out of the proceeds to the life tenant. The owners of the remainder or reversionary interest have no interest in this payment to the life tenant.  (1887, c. 214, s. 3; Rev., s. 2509; C.S., s. 3235; 2020-23, ss. 2(bb), 3.)
NC Gen Stat § 46A-79 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-79 - Partition sale of remainder or reversionary interest of real property.

 46A-79. Partition sale of remainder or reversionary interest of real property.The existence of a life estate in real property does not bar a partition sale of the remainder or reversionary interest of the property, and for the purposes of partition, the tenants in common or joint tenants of the remainder or reversionary interest shall be deemed to possess the property as if no life estate existed. The partition shall not, however, interfere with the possession of the life tenant during the existence of the life tenant's estate.  (1887, c. 214, s. 2; Rev., s. 2508; C.S., s. 3234; 2020-23, ss. 2(aa), 3.)
NC Gen Stat § 46A-80 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-80 - Sale of standing timber; valuation of life estate.

 46A-80. Sale of standing timber; valuation of life estate.(a) When two or more persons own real property with standing timber, as tenants in common, joint tenants, or partners, one or more of the persons may seek a partition sale of the timber, separate from the real property.(b) If real property with standing timber is subject to a life estate, the life tenant or an owner of the remainder or reversionary interest, whether as a tenant in common, joint tenant, partner, or sole owner, may seek a partition sale of the timber, separate from the real property. The life tenant shall be made a party to the proceeding and is entitled to receive the life tenant's share of the proceeds, to be calculated according to mortality tables accepted by the court.(c) An order allowing a life tenant to sell standing timber requires a finding that the cutting of the timber is in keeping with good husbandry and that no substantial injury will be done to the remainder or reversionary interest.  (1895, c. 187; Rev., s. 2510; C.S., s. 3236; 1949, c. 34; 1975, c. 476, s. 1; 1997-133, s. 3; 2020-23, ss. 2(cc), 3.)
NC Gen Stat § 46A-81 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-81 - Sale of oil, gas, or mineral interests.

 46A-81. Sale of oil, gas, or mineral interests.In a partition of oil, gas, or mineral interests of real property, when the court determines any of the following, the court shall order a sale of the oil, gas, or mineral interests and allocate the proceeds according to the interests of the tenants in common or joint tenants:(1) It is in the best interest of the cotenants of the oil, gas, or mineral interests to sell the interests.(2) Actual partition of the oil, gas, or mineral interests would cause injury to some or all of the cotenants of the oil, gas, or mineral interests.  (1905, c. 90, s. 2; Rev., s. 2507; C.S., s. 3237; 2020-23, ss. 2(dd), 3.)
NC Gen Stat § 46A-82 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-82 - Sale of real property required for public purposes on cotenant's petition.

 46A-82. Sale of real property required for public purposes on cotenant's petition.When the real property of tenants in common or joint tenants is required for public purposes, one or more cotenants, or the cotenant's guardian of the estate or general guardian, may file a petition verified by oath in the superior court of the county where the property or any part of the property is located, setting forth in the petition that the property is required for public purposes and that the cotenants' interests would be promoted by a sale of the property. If all necessary parties are before the court and the court finds the facts alleged in the petition to be true, the court shall order a sale of the property, or as much of it as may be necessary. Attorneys' fees shall be assessed in accordance with G.S. 46A-3. Mediator fees and costs of mediation shall be assessed in accordance with G.S. 7A-38.3B. Other costs and expenses shall be assessed in accordance with G.S. 6-21.  (1868-9, c. 122, s. 16; Code, s. 1907; Rev., s. 2518; C.S., s. 3238; 1949, c. 719, s. 2; 2005-67, s. 4; 2020-23, ss. 2(ee), 3.)
NC Gen Stat § 46A-84 (2021)
2021 North Carolina General Statutes|Chapter 46A - Partition|Article 2 - Partition of Real Property.|§ 46A-84 - Petition for revocation based on inadequate price.

 46A-84. Petition for revocation based on inadequate price.In the case of a petition brought pursuant to G.S. 46A-83(a)(2)c., and when an independent appraisal of the property being sold has not been previously entered into evidence in the action, and upon the request of any party, the court may order an independent appraisal prepared by a real estate appraiser currently licensed by the North Carolina Appraisal Board and prepared in accordance with the Uniform Standards of Professional Appraisal Practice. The cost of an independent appraisal shall be borne by one or more of the parties requesting the appraisal in such proportions as determined by the court. Before ruling on the petition brought pursuant to G.S. 46A-83(a)(2)c., the court may in its discretion require written evidence from the appraiser that the appraiser has been paid in full for the appraisal. If based on the appraisal and all of the evidence presented, the court finds the amount bid or price offered to be inadequate, inequitable, and resulting in irreparable damage to the owners, the court may revoke the order confirming the sale, order the withdrawal of the purchaser's high bid or offer, and order the return to the purchaser of any money or security tendered by the purchaser pursuant to the high bid or offer.  (1977, c. 833, s. 1; 1985, c. 626, ss. 3-7; 2001-271, s. 19; 2009-362, s. 4; 2009-512, s. 5; 2020-23, ss. 2(ii), 3.)