Mineral Estates: Wind Rights

摘要

Petitioners (Romero) are owners as tenants in common of a section of land. Petitioners also own two adjacent sections. They seek to partition the land under NMSA 1978 § 42-5-1 which provides: "When any lands, tenements or hereditaments shall be owned in joint tenancy, tenancy in common or coparcenary, whether the right or title be derived by donation, grant, purchase, devise or descent, it shall be lawful for any one or more persons interested, whether they be in possession or not, to present to the district court their complaint in chancery, praying for a division and partition of such premises, according to the respective rights of the parties interested therein, and for a sale thereof, if it shall appear mat partition cannot be made without great prejudice to the owners."