Final answer:
To resolve their differences over land use, the brothers can opt for partition, mediation, legal adjudication to clarify property rights, create a business entity for land management, or establish a buy-sell agreement. Legal adjudication involves defining property rights which can offer a decisive resolution.
Step-by-step explanation:
When brothers John, Tom, and Bill are in disagreement regarding the use of jointly owned land and are unwilling to sell or compromise, they have a few options to resolve their differences. First, they could seek a partition of the property, either in kind where the land is physically divided, or through partition by sale, where the land is sold and proceeds are divided. Another option is for them to opt for mediation, where a neutral third party will help in reaching a voluntary agreement.
If these options fail, the brothers may ultimately have to turn to legal adjudication, where a court will determine the legal rights associated with the property and the most appropriate resolution. This process involves the establishment of property rights, which are crucial in defining legal ownership and the obligations and rights of each party. These rights determine who has legal control over the property and therefore who has the authority to decide its use.
Alternatively, the brothers could create a business entity such as a partnership or corporation, establish a joint venture, or develop a contractual arrangement to manage the land according to agreed-upon terms. It is also possible to draft a buy-sell agreement where one party can buy out the other, if they agree on this course of action.