In making the partition, referees must divide the property and allot the several portions
thereof to the respective parties, quality and quantity relatively considered, according to the
respective rights of the parties as determined by the court, pursuant to the provisions of this
chapter, designating the several portions by proper landmarks, and may employ a surveyor with\n\n Page No. 2
the necessary assistants to aid them. Before making partition or sale the referees, whenever it
will be for the advantage of those interested, may set apart a portion of the property for a way,
road, or street, and the portion so set apart shall not be assigned to any of the parties, nor sold,
but shall remain an open and public way, road, or street, unless the referees shall set the same
apart as a private way for the use of the parties interested, or some of them, their heirs or
assigns, in which case it shall remain such private way.
\n
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 2010–2025 · leading case:
In Re Est. of Loomer, 2010 ND 93 (N.D. 2010).
In Re Est. of Loomer, 2010 ND 93 (N.D. 2010).
· cites it 2× “” N.D.C.C. § 32-16-13. “The referees must make a report of their proceedings, specifying therein the manner in which they executed their trust, and describing the property divided and the share allotted to each party with a particular description of each share.”
Beach Railport, LLC v. Michels, 2017 ND 240 (N.D. 2017).
· cites it 2× “[¶ 9] “In making the partition, referees must divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court.”
Olson v. Olson, et al., 2024 ND 206 (N.D. 2024).
· cites it 2× “According to N.D.C.C. § 32-16-13, the “referees must divide the property” amongst the parties based on their respective rights.”
Tischmak v. Theurer, 2025 ND 235 (N.D. 2025).
· cites it 2× “” N.D.C.C. § 32-16-13. “The referees must make a report of their proceedings, specifying therein the manner in which they executed their trust, and describing the property divided and the share allotted to each party with a particular description of each share.”
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