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Land legal issues, need advice
bpost
Member Posts: 32,669 ✭✭✭✭
I am going to build a range at my home, it will be for sanctioned Rimfire benchrest competition. I want to draw on my land survey a parcel that when I die will be sold to the yet to be determined club/ people.
Is a simple addition to my will sufficient to assure my wishes are carried out and other that have a interest in this are protected so they do not lose out?
Comments
Brother, talk to a real attorney who specializes in this kind of work. And buy lots of insurance. You will probably want some kind of waver for all shooters to sign. That is a very nice thing that you are doing.
A local real estate attorney should be consulted. Zoning, permits, set backs, ordinances, special use permits bah-bah-bah to make sure it is permisable. AND then it should go into your "trust" designated as you wish.
This advice is right on target, no pun intended.
I used to be on our Town Zoning Board and permitting will be the first issue to resolve. After that a good real estate and estate planning attorney will be absolutely be necessary.
Turn the land over now to a club with your desires included so the liability become theirs and you wont pay the taxes?
Fortunately, we have zero zoning issues in the backwater I reside. As long as you own over 5 acres usage is not controlled. My closest neighbors are over 3/8ths mile away and shots from a 22 can not be heard at their homes. We have a solid waiver in the works. Waivers never prevent law suits but might, maybe could help if I got sued.
Insurance, nope not going to do that. There are a plethora of reasons but the main ones are insane costs and the zero chance of some one getting shot if the rules are enforced. You can be sued when a trespasser trips while trying to sneak up to a window to rob you. They might break a leg over a bush and by golly they can sue. You can't prevent law suits so trying to insure against them is a good way for insurance companies to get rich. My basic homeowners insurance covers guests and if I got sued the insurance Company steps in defending me, they have deep pockets and good lawyers.
I think you guys are right on making sure it stays after I am gone. I can put the wishes in writing giving my instructions for how the land and buildings are to be handled. I want to leave this as a legacy to the shooting sports. It is not open to the general public, they can be and are amazingly stupid with guns. It will be used for 50 and 100 yard rimfire benchrest competition only with the participants well versed in the range safety requirements.
We are going to have iron * control of the firing line and cleaning areas. BOLTS OUT means just that. Bolts are not to be in the gun until the range officer gives the command to insert bolts and that is only given to the shooters on the firing line after the range is confirmed clear to go hot. That is the only time the rifles will be live.
Will the range have its own 5 acres?
it will have a bit over 5.5 acres.