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Understanding the Parcel of Highly Fractionated Indian Land
Definition & Meaning
A parcel of highly fractionated Indian land refers to a piece of land owned by multiple individuals, specifically Native Americans, where ownership is divided among many co-owners. According to federal law, this term applies to land that has either:
Fifty or more but fewer than one hundred co-owners, with no single owner holding more than ten percent of the total ownership.
One hundred or more co-owners, regardless of the percentage owned by each individual.
This definition is significant in the context of land management and legal proceedings involving Native American lands.
Table of content
Legal Use & context
The term "parcel of highly fractionated Indian land" is primarily used in the context of property law and land management for Native American tribes. It is relevant in various legal areas, including:
Land consolidation efforts aimed at reducing the number of co-owners.
Estate planning for individuals who inherit fractional interests in such parcels.
Legal disputes regarding land use and ownership rights.
Users may find it beneficial to utilize legal templates from US Legal Forms to navigate these issues effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A Native American reservation has a parcel of land owned by seventy co-owners, none of whom has more than ten percent ownership. This land qualifies as highly fractionated.
Example 2: A different parcel on another reservation has two hundred co-owners, making it highly fractionated regardless of individual ownership percentages. (hypothetical example)
Relevant laws & statutes
The primary legal reference for this term is:
25 U.S.C. § 2201 (6) - This statute outlines the definition and criteria for highly fractionated Indian land.
Comparison with related terms
Term
Definition
Difference
Fractionated Land
Land owned by multiple individuals, but not necessarily highly fractionated.
Parcel of highly fractionated land has specific thresholds for co-ownership.
Undivided Interest
Ownership of a share in property without a defined physical portion.
Parcel of highly fractionated land specifically refers to the number of co-owners.
Common misunderstandings
What to do if this term applies to you
If you find yourself dealing with a parcel of highly fractionated Indian land, consider the following steps:
Review your ownership documents to understand your rights and responsibilities.
Consider consulting with a legal professional who specializes in Native American land issues.
Explore legal templates available through US Legal Forms to assist with any necessary documentation.
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