The bill amends Chapter 34-15 of the General Laws, focusing on the partition of real estate, particularly addressing "heirs property." It creates a cause of action for the partition of heirs property held in tenancy in common and establishes specific procedures for the court to determine if a parcel qualifies as heirs property, as defined in Section 34-3-4. If the court determines that the real property is heirs property, it shall proceed in accordance with Sections 34-15-7 and 34-15-16.
The bill enhances notification requirements for absent or unknown parties in partition actions, mandating that the plaintiff post and maintain a conspicuous sign on the property that states the action has commenced and identifies the court's name and address.
Additionally, the bill outlines the process for determining the fair market value of heirs property, including the appointment of a disinterested real estate appraiser if necessary, and establishes guidelines for the sale of the property, including the appointment of a broker if the parties cannot agree on one. It specifies the broker's commission and the sale price must align with the court's valuation.
The bill also clarifies definitions related to heirs property, including terms such as "partition by sale" and "partition in kind," and modifies existing laws regarding electronic signatures and notice delivery. Overall, this legislation seeks to provide a structured and fair approach to the partition of heirs property, enhancing the legal framework for such actions. The act would take effect upon passage.