The property and lot in Westwood doesn’t isn’t easy to “split”. It is an odd size lot, the duplex is not centered on the lot, the right side has wider driveway and there is a small yard in the back. We are two owners of the duplex and can’t agree on how to divide the lot to convert to condos.
You will have an architect or civil engineer prepare an “as built” floor plan and “site plan”. You will also have the Master Deed which will specify the boundaries of each unit and layout and what is considered common area. With regard to the driveway, you could make the right side common area which you share and could share the cost of plowing. Also, with regard to the yard, you could divide it up so that you each have your own yard area which is common area, but designated as exclusive use common area. You can only do this by agreement with your co-owner. As you and your co-owner can’t seem to agree on some issues, it would be smart to put an arbitration/mediation provision in your condominium documents. Mediation/Arbitration is a less costly way for you to resolve future conflict as opposed to using the judicial process.
If you decide that you can no longer own this property with your co-owner and you and your co-owner cannot agree on how to divide the ownership of the property, you may need to hire a lawyer to file a “Petition to Partition”. This is a legal action filed in court used to divide ownership of a piece of property. The Land Court or Probate Court judge will, if he allows the petition, either divide the property or order the sale of the property with the proceeds to be distributed between the two owners. Often times these cases are resolved by one owner buying out the other owner of the property.
The Weswood Condo Attorneys at Goldman & Pease provide legal representation for condo conversions and disputes in Westwood, Massachusetts and the surrounding communities including Needham, Newton, Brookline, Dedham, Westwood, Dover, Wellesley, Weston and the entire Boston Metrowest region.