Jan. 14, 2008
Dear George: My four siblings and I inherited 60 acres of land from our parents when they died; nether left a will. The land is now owned jointly as undivided interests, and four of the five owners want to lease a portion of the property for a strip center. What are the rights of the four owners? Can they lease? Is the best recourse to partition the land in court?
Answer: This is a messy situation. As tenants in common, a majority can make decisions but run the risk of the minority owner filing an injunction. The four owners probably couldn't get financing or an agreeable lessee if a lawsuit is on the horizon. The best course is probably to partition the property and let the minority owner get a tract of his own. The rest of the siblings can lease land for the shopping center. Partition suits tend to be expensive, traumatic, and drawn out. It will require appraisals and professional help on how to best divide the various interests. It does, however, solve the problem once and for all. Hire an attorney who has successful experience in this area.
Dear George: Can a person get an easement based on use of a road over generations? We received notice from an attorney that a neighboring landowner is suing us for an easement across our property. The landowner claims his family has used the road for 123 years.
Answer: Implied easements are complicated matters. Hire an attorney to look into the specifics of your situation.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
