- 31 - not a majority interest, his coowner’s interest was equal, and so neither had a majority or minority. As a result, neither had control, and both were equal. Hulberg has treated the coownership of real property here as though the coowners were in a partnership relationship, thereby elevating the question of control. It does not appear that the coowners operated a business (farming or otherwise) as partners, and, accordingly, control is less relevant. This is a common interest in undivided and unimproved property, and the question to consider is the feasability of dividing the property in the case of disagreement about its use. In that regard, costs of partition or other legal controversy, along with other factors, are considerations rationally involved in the valuing of an asset. See Estate of Bonner v. United States, 84 F.3d 196, 197 (5th Cir. 1996). Hulberg opined that partition was feasible under California law, but that the “ability to partition the property would not substantially decrease the discount presented by partnership sales, as such actions could involve a great deal of expense and delay prior to the liquidation of [a] co-tenancy interest.” We cannot accept Hulberg’s premise as a universal principle because it ignores economies of scale and the relative value of the property. For example, assuming a legal cost for partition of $200,000,9 a $680,000 parcel (as Hulberg opined) might fit the 9 Two hundred thousand dollars, assuming a $200 hourly legal (continued...)Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011