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SVTPerformance's Chain of Restaurants
Road Side Pub
Some advice from some lawyers would be helpful!
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<blockquote data-quote="s_x_i" data-source="post: 7206813" data-attributes="member: 47078"><p>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. </p><p></p><p>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. </p><p></p><p>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. </p><p></p><p>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. <strong>Remember to reserve any minerals under anything you sell!</strong></p></blockquote><p></p>
[QUOTE="s_x_i, post: 7206813, member: 47078"] 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. [B]Remember to reserve any minerals under anything you sell![/B] [/QUOTE]
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SVTPerformance's Chain of Restaurants
Road Side Pub
Some advice from some lawyers would be helpful!
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