North Carolina General Statutes
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.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 46A - Partition

Article 2 - Partition of Real Property.

§ 46A-20 - Venue in partition.

§ 46A-21 - Petition by cotenant or personal representative of cotenant; necessary and proper parties; joinder of spouses.

§ 46A-22 - Unknown or unlocatable parties; summons, notice, and representation.

§ 46A-23 - Petition by judgment creditor of cotenant.

§ 46A-24 - Surface and oil, gas, or mineral interests in separate owners; partitions distinct.

§ 46A-25 - Partition of real property subject to a contingent future interest; requirements.

§ 46A-26 - Methods of partition.

§ 46A-27 - Carrying costs, including property taxes; improvements; right to contribution.

§ 46A-28 - Court's authority to make orders before final determination of proceeding; notice and hearing.

§ 46A-29 - Mediation.

§ 46A-50 - Commissioners appointed; compensation; oath; delay or neglect.

§ 46A-51 - Commissioners to inspect and partition real property; apportioning shares; charging owelty on shares of disproportionately greater value.

§ 46A-52 - Partition where cotenants unknown or title disputed.

§ 46A-53 - Apportionment of shares in common.

§ 46A-54 - Dedication of streets.

§ 46A-55 - Report of commissioners; contents; filing and service; extension; map.

§ 46A-56 - Confirmation of report; appeal; motion for relief.

§ 46A-57 - Report and confirmation enrolled and registered; effect.

§ 46A-58 - Clerk to docket owelty.

§ 46A-59 - Order for possession.

§ 46A-75 - Sale in lieu of actual partition.

§ 46A-76 - Sale procedure.

§ 46A-77 - Cotenant credit.

§ 46A-78 - Partition sale of real property subject to a life estate.

§ 46A-79 - Partition sale of remainder or reversionary interest of real property.

§ 46A-80 - Sale of standing timber; valuation of life estate.

§ 46A-81 - Sale of oil, gas, or mineral interests.

§ 46A-82 - Sale of real property required for public purposes on cotenant's petition.

§ 46A-83 - Petition for revocation of confirmation order.

§ 46A-84 - Petition for revocation based on inadequate price.

§ 46A-84.5 - Petition for revocation based on default bid.

§ 46A-85 - Order becoming final; appeal; purchase of property.

§ 46A-86 - Sale proceeds belonging to certain parties.