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By Canadian Law generally the majority of heirs that agree over-rides the others as far as the selling of any property, but, the others who do not want to sell can seek legal counsel and you have a face-off in court. This can take many years to settle so normally most people come to an amicable agreement rather than wait for any monies due them. * In the US the owners wishing to sell the property would need to file suit against the reluctant owner to have the property partitioned so that each person would be allocated their share and would then be able to sell it. In some states the court can order a forced sale of the property regardless of whether all owners are agreeable or not.

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17y ago
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8y ago

The three people wishing to sell the property must petition a court of equity to allow a partition of the property. The court will appoint a commissioner to sell the property and divide the net proceeds among the four legal owners. If all four have an equal interest that includes the mineral rights then all rights will be sold including the fee and the mineral rights.

If you have further questions about retaining mineral rights you should seek the advice of an attorney who specializes in probate and real estate law.

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7y ago

Mineral rights are separate from the property rights. Three of them can force the sale of the property. They cannot force the sale of the mineral rights.

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Q: If there are four heirs to a large piece of property can three of them force a sale of the property and if so what happens to the mineral rights belonging to one of the heirs?
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