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.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Partition of Real Property.
§ 46A-20 - Venue in partition.
§ 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-50 - Commissioners appointed; compensation; oath; delay or neglect.
§ 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-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.