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

North Carolina Statutes

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

North Carolina § 46A-81

Ch. 46APartition

Art. 2Partition of Real Property

This text of North Carolina § 46A-81 (Sale of oil, gas, or mineral interests) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 46A-81 (2026).

Text

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.)

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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.)