If I purchase several acres with one restriction that I don't think would ever come into play, and my intentions were to own all of the land forever and I now want to sell a few acres to a friend to help them out, and my agreement is that I cannot "sell" any land without offering first refusal rights to the guy I originally bought it from (He has clearly indicated he will snatch it up if I try to sell it to my friend... That is his legal right) will this work?
Question;
If I have an agreement that I can't "sell" any of my acreage without first rights offered to this guy, can I quick claim said property "no sale" without retribution to my agreement?
I can worry about the payment later or would gladly accept a healthy cash gift from my friend the next available holiday... :)
Thanks!
mikswi
03-29-2006, 05:20 AM
Verbal agreement or deeded? If its verbal you can do whatever you want. If its deeded or if its written into the sales contract - your done.
However, if you are looking to let him build on the property - an option to get around this would be to "lease" the 3 acres to him for a monthly/yearly amount. Have it drawn up by a lawyer so if there is a death on his end you know your recourse. This would minimize the headaches on your end as well as eliminate lawyers trying to interpret what the "spirit of the agreement" was.
This situation is exactly like when a company builds a store on raw land. Major company's rarely own the land, just the buildings and utility connections.
shecreed
03-30-2006, 08:00 AM
leasing definitely seems to be an option...
can a lease in writing have *many* options and be flexible?
also, consider this question...
hypothetical...
what if a seller sells property with language in *offer* that has restrictions...
one of the restrictions(sorry no specifics yet) would entail that if the buyer decided to offer any portions of the property for sale to another adjoining land owner, after the finalizing of this transaction, must offer to the prior owner first and give original seller the first opportunity, would a land contract be considered *a sell*? like a lease, but a kind of rent to own~ or is the lease the ONLY answer when trying to *hurdle over* "roadblocks" set up by original owner to prevent another adjoining land owner who previously bought property from same seller?
are there tricks to the trade when trying to navigate around *road blocks* by land owners who are simply trying to monopolize surrounding and adjoining land?
she }{
elklaw
04-06-2006, 06:35 AM
Is this a homework assignment?
Your scenario is not making a lot of sense. IT is cntradictory. If you buy the land to hold forever, then why are you selling to a friend. And if seller has the right of first refusal, then why are you trying to sell or why would you buy unless the seller is providing financing for your purchase and wants to approve anyone buying from you and you are buying on a land contract or something like that. I think this scenario is too complicated to be anything but homework and this site is not for that.
shecreed
04-10-2006, 08:41 AM
DUDE!!! THIS IS TRUE AND REAL!!!
crazy, AIN'T IT???!!!
seriously, the landowners are bizarre and looney tunes!!!
it is a lawyer's nightmare!!! the land dispute concerns land owners who are using deceptive advertising in front of the *properties* claiming electricity, gas, and water on the properties and ONLY water exist on one part of the divided property of *said 30 acres*>>>>> and the landowners are doing alot of *backdoor* snake*ry*!!!! breaking their word and having malice intent and committing deceptive practices and concealing fallacies and land/soil test results because the results were not recorded..... thus, the landowners do not recognize the results and will NOT disclose any of the *knowledge* of having had a soil test done to the potential buyers! they have manipulated NEW BUYERS while lying and deceiving those buyers and the ORIGINAL FIRST buyers of the ORIGINAL attached 10 acres!!!! (we are the original buyers and own the adjoined 10 acres.... and these landowners have lied to us endlessly and have backdoored us and manipulated us and deceived us and used OUR MONEY to improve THEIR adjoining properties VIA>>>> our remodeling the home that sat on the 10 acres and our building a new road which we were told would be our private drive!!! NOW< they want to allow new owners of the (east of our 10 acres... which is our legal easement on the warranty deed) easement of adjoining 16 acres the right to use OUR road.... and of course, we had NO legal documents to state exclusive drive ...so we are screwed!) there is ALREADY an easement/road to the south attached to our 10 acres that we have been using for a year(it is considered a temporary easement until we build a road on the EAST easement but i understand that i could get easement by assertion within a 10 year use of south easement... and we have used it for a year so far) and were told by the landowners that if we purchased the front 12 acres or buy with another buyer on the front 12, that we would get the south road/easement... NOW, these landowners (husband and wife) have manipulated and intimidated the NEW buyers of the front 12 to *drop out of deal with us* so we would have to be FORCED to buy the 3 acres *within* the 12 acres from the landowners themselves instead a partnership with NEW buyers.... THUS, causing us to lose right to use south easement and FORCED to build a road in the EAST easement! improving their 16 acres that is for sale~ see? and they have put language in the NEW buyers' purchase agreement that EXCLUSIVELY SAYS we have NO right to use SOUTH easement!!! AND in the purchase agreement of our 3 acres (which is attached to the 10 acres), they have EXCLUSIVELY pointed out that we have NO south easement!!!
we have already entered into a purchase agreement with the landowners for the 3 acres (which is SUPER important to us... MORE important than building a road and losing exclusive use of it AND having the south easement) ....however, we want to pursue legal right to the south easement due to the landowners deceptive practices and their intimidating the NEW buyers and stopping our ORIGINAL partnership (which the landowners TOLD the NEW buyers to come to us in the first place) we had with NEW buyers that would have insured our use of south easement and our ability to REFUSE the building of road on EAST easement. dig??? the landowners said to the NEW buyers, AFTER their blessing to come to us and our partnering in this 12 acres purchase together, that they would MAKE US BUILD the ROAD on east easement!!! so, they lied to us and then backed out of an original agreement with the new buyers and ourselves concerning a partnership and our maintaining our rights to south easement.... they cocked blocked us~ and of course, lied to both buyers while doing this~
in essence, these landowners have a sign advertising electricity and gas and NONE exist on ANY of these *30 acres*!!!
isn't this fraud?
isn't this a felony?
can these landowners be prosecuted for fraud???
and don't we have right to legal recourse concerning their deceptive practices and the intimidation and lying that these landowners have done and their CLEAR malice intent towards us concerning their using OUR MONEY to make their properties worth more money!
thanx~
she}{
mikswi
04-10-2006, 12:11 PM
Unfortunately, this is just too confusing as described and can most likely only be sorted out by a patient real estate atty.
shecreed
04-11-2006, 12:01 PM
and he even missed vital important information...
but thankfully i *caught it* and it was revealed to me~
maybe because i have the most to lose and a lawyer does NOT!!!
whether they lose or win, when getting along in age.... they have nothing to lose and money to gain either way~
retirement being around the corner seems to DULL the lawyers *what used to be* sharp edge~
a hungry lawyer is the best lawyer....
but, with that comes inexperience~
ah, the double edged sword~ dulled by age and arrogance... inexperienced and unprepared by age and ignorance~
*shrugs*
that is why i brought it here....
if there is the best of both worlds and the worse of both worlds.... maybe the balance will become a triumphant breakthrough???
she }{
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