§ 25-2170.01.Who may compel partition.
Article 21: Special Proceedings and Actions · Last amended 1951 · Last verified July 22, 2026
Full Text of § 25-2170.01
Source
Laws 1951, c. 72, § 1(1), p. 228.
Plain-English Summary
Section 25-2170.01 states directly who holds the right to force a partition: any joint owner of real estate, of an interest in real estate, or of mineral, coal, petroleum, or gas rights. That right does not depend on the form the ownership takes — a joint owner can compel partition whether the interest is held in fee, held under a lease, or held some other way.
This section works alongside section 25-2170, which describes what the partition complaint must contain and which categories of co-owners can be forced to partition. Here, the focus is on the plaintiff’s side: any joint owner within these categories can bring the action, following the procedure sections 25-2170 to 25-21,111 set out.
Frequently Asked Questions
Who has the right to compel a partition under this section?
Any joint owner of real estate or an interest in it, or of mineral, coal, petroleum, or gas rights.
Does it matter whether the ownership is a fee interest or a leasehold?
No. The section covers ownership held in fee, by lease, or otherwise.
Does this section apply only to surface land, or also to mineral interests?
It applies to mineral, coal, petroleum, or gas rights as well as real estate generally.
How does this section relate to section 25-2170?
Section 25-2170 addresses the complaint’s contents and which owners can be compelled to partition; this section confirms who may bring the action.
Can a joint owner holding only a leasehold interest force partition?
Yes. The section covers ownership held in fee or by lease or otherwise.