Some advice from some lawyers would be helpful!

[Machx2]

Ok, let me start with my father passed away 2 years ago and he owned 15 acres of land and the house with my mom. They got divorced a couple months before he passed away. The 15 acres stayed with him and the house was to be sold and he get half the profit. I have 3 brothers that the land would be split up with. My mother is selling the house and my 3 brothers want to sell their land with it. I however would like to keep my land. Now their is only about 1/2 an acre that is frontage land and the rest is back land all connected and around the house. How would this land be split up? My brothers want the frontage land as it will help the house sell better. So do I get stuck with the back acres and have no way to get to it? Or will i have to outbid them for what land i want? I dont understand how this will work. Thanks guys

 

[slider701]

Regardless of how the land is split you should try to get an easement (basically the width of a driveway) that would give you access to the property. Actually I don't think that you can legally land lock a piece of property when splitting it up.......basically guaranteeing you some access to the property.

I'm not a lawyer so please feel free to correct me if I am wrong.

 

[FordSVTFan]

It all depends on the ownership of the land now. Who is on the deed to the land and how is it owned?

 

[FordSVTFan]

It all depends on the ownership of the land now. Who is on the deed to the land and how is it owned?

 

[Machx2]

It all depends on the ownership of the land now. Who is on the deed to the land and how is it owned?

My dads name is on the deed still. In his will he put me and my 3 brothers on it to split it up between us. We are waiting on the judge to give my oldest brother the switch to executor. My cousin was named it but screwed all kinds of stuff up. We have the money in a bank account to pay off all his debts and at that time I am guessing the land will be split up? I have no clue how its all going to work since my brother rarely talks to me.

 

[Machx2]

Ok, let me start with my father passed away 2 years ago and he owned 15 acres of land and the house with my mom. They got divorced a couple months before he passed away. The 15 acres stayed with him and the house was to be sold and he get half the profit. I have 3 brothers that the land would be split up with. My mother is selling the house and my 3 brothers want to sell their land with it. I however would like to keep my land. Now their is only about 1/2 an acre that is frontage land and the rest is back land all connected and around the house. How would this land be split up? My brothers want the frontage land as it will help the house sell better. So do I get stuck with the back acres and have no way to get to it? Or will i have to outbid them for what land i want? I dont understand how this will work. Thanks guys

up

 

[SID297]

My dads name is on the deed still. In his will he put me and my 3 brothers on it to split it up between us. We are waiting on the judge to give my oldest brother the switch to executor. My cousin was named it but screwed all kinds of stuff up. We have the money in a bank account to pay off all his debts and at that time I am guessing the land will be split up? I have no clue how its all going to work since my brother rarely talks to me.

It will depend on whether it is set up as a joint tenancy or a tenancy in common.

 

[s_x_i]

It all depends on the deeds, the probate proceedings the divorce decree etc. There are too many variables for me to give you an answer.

Without knowing the status of the title of the land as it was when your father passed, as well as the outcome of his probate proceedings you cannot accurately determine ownership.

With regards to selling the frontage and keeping the land at the back - you'll need a 'perpetual easement' across the front tract. This will allow you free use and access of the surface, but only to cross it as a means to get to your land. It won't convey any ownership of the land whatsoever, but the fact that it's perpetual means it cannot be revoked by a new owner.

Personally - I'd advise you talk to your brothers some more, round them all up and go see an attorney, that way you can get it straight and everyone remain friends. Remember to reserve any minerals under anything you sell!

 

[FordSVTFan]

My dads name is on the deed still. In his will he put me and my 3 brothers on it to split it up between us. We are waiting on the judge to give my oldest brother the switch to executor. My cousin was named it but screwed all kinds of stuff up. We have the money in a bank account to pay off all his debts and at that time I am guessing the land will be split up? I have no clue how its all going to work since my brother rarely talks to me.

The executor of the estate can ask the judge partition the property. It can be divided easily if you meet the zoning requirements. I would suggest that unless there is some extremely personal reason to keep that small piece, you are better off selling it as a whole and taking the money and buying yourself a lot elsewhere.

If your brother rarely talks to you, what makes you think he will protect your wishes. He can also tell the court that 3 of the 4 brothers want it sold and that with such minimum frontage it would be hard to sell with an access easement for you. Thus the judge can easily decide in favor of the 75% who want the sale, and force the sale.

Get a lawyer.

 

[ff500]

I agree with above, sometimes its not worth the aggrevation.

 

[PSUCOBRA96]

you need to contact a lawyer in texas

 

[Machx2]

I will contact a lawyer and that all of you for your help. Forsvtfan, thank you, and yes the land does mean alot to me. This is family land, all my dads brothers and sister all own the land next to ours and live on it and my dad asked us to keep the land in our family and I intend to do my hardest to protect his wishes. I know how much this meant to my father and no amount of money is worth getting rid of it to me. Maybe if I talk my brother into getting a surveyor then he will agree to split the land up. Thanks again everyone.

 

[bird_jenkins8]

It all depends on the deeds, the probate proceedings the divorce decree etc. There are too many variables for me to give you an answer.

Without knowing the status of the title of the land as it was when your father passed, as well as the outcome of his probate proceedings you cannot accurately determine ownership.

With regards to selling the frontage and keeping the land at the back - you'll need a 'perpetual easement' across the front tract. This will allow you free use and access of the surface, but only to cross it as a means to get to your land. It won't convey any ownership of the land whatsoever, but the fact that it's perpetual means it cannot be revoked by a new owner.

Personally - I'd advise you talk to your brothers some more, round them all up and go see an attorney, that way you can get it straight and everyone remain friends. Remember to reserve any minerals under anything you sell!

Indeed, whatever you guys decide to do make sure you keep the mineral rights to the entire piece of land......