§ 18-60-420 - Sale of land not susceptible to division.

18-60-420. Sale of land not susceptible to division.

(a) If the commissioners so appointed shall report to the court that the land or tenements of which partition had been directed are so situated, or that any lot or portion thereof is so situated, that partition thereof cannot be made without great prejudice to the owners thereof, the court may, if satisfied that the report is just and correct, make an order that the commissioners sell the premises so situated, at public auction, to the highest bidder.

(b) The court making the order of sale shall therein direct the terms and conditions, time and place of sale, the credit, if any, and the security to be taken.

(c) The commissioners shall give notice of the time and place and terms of any sale to be made by them, in accordance with the order of the court directing the sale.

(d) (1) If the premises consist of distinct farms, buildings, tracts, or lots of land, they shall be sold separately.

(2) When any tract of land or lot can be divided for the purpose of sale, with advantage to the parties interested, it may be so divided and sold in parcels.