In a partition proceeding under this Article, the court shall order one of the following methods of partitioning the real property:

(1)        Actual partition under Part 2 of this Article.

(2)        Partition sale under Part 3 of this Article so long as the requirements of that Part are satisfied.

(3)        Actual partition of part of the property and a partition sale of the remaining part.

(4)        Partition of part of the property, whether by actual partition or by partition sale, and order that the remaining part continue to be held in cotenancy. The court, however, shall not order a cotenant to continue to hold property in cotenancy over the cotenant’s objection. ?(1887, c. 214, s. 1; Rev., s. 2506; C.S., s. 3227; 2020-23, ss. 2(r), 3.)

Terms Used In North Carolina General Statutes 46A-26

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
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