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gbdude
05-11-2006, 02:15 PM
I live in Kentucky. My uncle bought 5 acres of property from his neighbor. The last acre was were the neighbor lived and it is stated in the deed of the last acre that my uncle has the first right of refusal to purchase the remaining acre. The previous owner died in 1997 and several indivividuals and companies have been paying the taxes. It is being forclosed on. I, through my uncle, want to purchase the property by paying the back taxes, interest and legal fees owed. One of the individuals wants to challenge the right of refusal by arguing that the right of refusal went away when the neighbor died. (there are no heirs in the picture right now, although I have located an illegitimate son but can not find any documentation other than the mother's and other neighbor's word that he is the son). Does a right of first refusal written into a deed go away after the owner dies? Can it be enforced?

elklaw
05-29-2006, 07:53 PM
Impossible to answer without seeing the deed but unless the right of first refusal was stipulated to go to heirs and assigns, it likely died with the neighbor, but it hinges on how it was written into the deed.

gbdude
06-10-2006, 10:02 PM
Thanks for responding. The deed does state that the right of refusal extends to heirs...and other assignees. It has a purchase price as well.
I have found an illegitimate living heir. I understand that if they agree to do an affidavit of decent, that they can then sell it to me. A problem with that is that the back taxes have exceeded the purchase price listed in the right of refusal. I hope show the heirs for that they have not benefit in paying the outstanding taxes in order to sell it to me at the price listed in the deed.
Any suggestions? Thanks

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