Need advice
Radar
Member Posts: 2,309 ✭✭✭
My wife and I own some land with her brother ( inherited ) that he just does whatever he wants to do on it . He has his friends over with their ATVs and tear the place up when its muddy and its starting to wash in a lot of places. He is also putting in a bunch of hookups for campers for his buddy's . we both use our own skid loader's for fixing low spots in the farm fields, clearing out some cedar trees and I have used my excavator to put in some new tubes for drainage, never charging the farm for my time or equipment . Well the other day we got a bank statement and he has wrote a check for the use of his skid loader and time to fill a couple small washouts, I never have, its just taking care of things. The bad part is he just does what he wants with the land and we have had all off it we can take. What kind of a Attorney do we need to help us or what other ideas do you all have ?
Comments
Depending on you and your Mrs. really wanting this land, I would either buy your BIL out or offer to sell him your half. At the going rate of course.
+1 ^
Family "sharing" land is often a bad idea, I've seen many relationships go bad in situations like this...
Dont really want to sell the land because its great hunting and fishing and I dont have the 750 thousand that it would take, I dont know if he does or not,he may because he he was less than trustworthy when he was taking care of their money and stock.
If your name is on the checking account, write a check for your time, etc.
Charge his buddies rent.
Sub-divide the land in half.
Time to split the property and each have your own deed.
For the checking account, require both signatures for the check be good.
One day, you are going to find out there is nothing in that account.
More than likely, he may already be charging his buddies rent. Start with a sit down face to face discussion to determine parameters for use of the land and the account. If it doesn't go well, that would be when it is time to get a lawyer. Civility is key. You are upset he didn't consult you about what he has done. He might feel the same way if you go straight to a lawyer without talking about it. Also, legally do you have a say or is it in just the B-I-L and your wife's name. Brother and I inherited my parents' farm. My husband was not in the will and not on the deed. We split the farm equally acreage wise through our attorney and that is when our spouses were added to the deeds.
Although on paper the farm is split, we share the land and discuss use of our individual sides with each other to insure we are being good stewards of the land. Knock on wood that we continue to do so.
Good luck.
What if one of his buddies get hurt and sues you?? Won't that be fun. I would find some way to get out of that deal. Butter to lose some than to lose all.
Sounds like a sit down and talk is in order. Set some ground rules! If this has already been done with no good results, then it is time to divide the land and account(assuming it still has funds).
Just my 2 cents...........NO body will stick it to you like family!
As above, something does need revamped, either divide with FENCES or sell it to him. To much liability for you imo. Sounds like a guy I would not want to be in camp with.
Break it into two pieces. The status quo isn't working for you (he's probably very happy) and he seems like the type of person who will continue to take advantage of you even if you "come to a use/maintenance agreement". On top of that, you have legal exposure...and he's likely siphoning value in several ways.
All the above plus documentation. Photos of damage, dates and content of conversations. Judge Judy likes that stuff.
Thanks for the advice ! I think we will try and get him to sit down and talk with us and a attorney to see if some agreement can be reached without him blowing up. Or if he does maybe he will do something dumb and then have a assault charge filed on him, couple days in jail and maybe he will cool off. His problem is he cant have a normal conversation because if someone says something about what he cant do or why he did this he just blows up. Guess thats why he is not married.
According to you the land is worth 1.5 million. Once you start this fight the end result will be the court will sell the land and give you each half. Depending on the tax basis of the inheritance it could be a decent chunk of change to invest in your own land. Also plan on around 10-20k for lawyers if it's not too big of a fight, which it will be with income producing property(my assumption since there's a joint checking account).
Without more details of acres and location its hard to say.
Hopefully the property isn't in a LLC or corporation . Then it will be more difficult to sell. Obviously you cannot speak to the other family member without them getting upset. So there is no use trying to negotiate an out for you on the property. So just go find a real estate attorney and file for a partition. Meaning the courts will handle the separation of the property and funds. It will most likely be put up for auction and the monies split. In that arrangement have the attorney ask the court that nothing changes on the property until sold. Wondering who is paying taxes, insurance on the property. If the co owner has assets have the attorney make a motion for a lis pendens on their home. so they cannot get out of paying any bills or splitting the cost of the sale. The bad news is that the property after appraisal most likely will not bring market value. If the co owner gets threatening that is all the better for you to support your way out dealing with them. The court will appoint someone to handle any bills or whatever during the process.
Okie that is hilarious...or send him to Disney...
Get things settled before it turns into an unlicensed trailer park.
The liability exposure is adding up.
Get it approved for a multi unit campground or mobile home park. Then it will sell to investors for a lot and I mean a lot. Of course I speak from experience.
Buy him out or have him buy you out.
If it was my brother, I'd whip his *. Of course, my brother is 87.
Thank for all the information and a couple of laugh's , we can use them.