Could we get a simple sketch of the property and/or surrounding properties?

It also looks like the OP needs to go into the mobile home park or salvage yard business when he gets his property.

HTownAg98 said:

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Regarding access, they cannot landlock any parcel that they split out of the property. In fact, most case law is going to side on the "landlocked" parcel, and that parcel gets to decide where the access is if an access easement wasn't defined in the

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Well,....

Jake Yelderman, Damon, TX,(RIP) was a friend of mine. Dowell Company(oil field service) wanted to buy a domed land property of Jake's near Columbia, TX. Jake didn't want to sell the property and he was willing to lease it to Dowell. But, Dowell kept bidding the price up. It got to the point where Jake couldn't say no. So, Jake sold the property to Dowell.

After the land transaction completed, Dowell trucks tried to enter the property and Jake wouldn't let them. Dowell had not negotiated an easement to cross Jake's property to get to the domed land Dowell just purchased.

So, long story short, Dowell sold the property back to Jake. Jake made a handsome profit of course. Then, Jake leased the property back to Dowell (as he originally insisted) with an easement to access.

This one-off case in point refutes your statement above. If case law sides to the landlocked parcel, surely Dowell lawyers would have pushed for that, right?

I have a dairyman friend out in Gilbert, AZ where the city did something similar as the scenario above and ended up costing the city of Gilbert million's. EDIT IN - Cost $46 million to be exact.

I don't believe case law sides with a landlocked parcel owner, ... only maybe if the easement parcel owner shows signs they are willing to grant easement for a "price" and the judge finds/interprets that flexibility being exhibited as amicable. However, the landlocked owner better get ready to grease the skid, if you know what I mean, because it won't be cheap.

In Texas, you shouldn't be able to convey a landlocked parcel.

I agree; creates an implied easement.
Why no suit from the co. is an interesting question.

Sorry for the late reply - I thought this had dropped down the page.

The property is a simple rectangle with the road/rail road side being the short, front side. It is longer than it is wide. The long driveway is about right in the middle between the homestead & the new house coming in, so from the front it would be divided in half, giving both properties use of the the driveway/crossing. Actually, Dad is making them branch off to their house with a drive of their own pretty close to the front.

The 5 acres gives Sis half of the driveway/RR crossing to the left (essentially cutting a small chunk out of the front left corner of the rectangle) & then parents get the other half of the driveway/crossing and the land from front to back + around the back side of the chunk on the right as you face the property.

I am the executor of their will & right now it has the property being divided 50/50. If this closes - which I assume it will - I guess that would be 50/50 of the remaining minus their 5 acre chunk. One thing that I don't have a clear idea of is how it would be divided equally. The other part has my parents house, barn, several out buildings. It won't be as simple as a line down the middle because of the value of the house, etc. In a perfect world, I was going to get it appraised & sell my half to her so she could have the whole thing, but that's out the window.

As far as buying other property around it - that's a no-go. It has all been purchased by a LARGE national company as parcels have come up over the years. The good thing is, they have it as a "buffer" zone - so it will never be built on. Can't get too specific on here because I'm not 100% sure that BIL will never see it. (T-shirt fan of the worst kind - last year he was all in on TCU, but sometimes he's a (fake) Aggie - ugh - I recently found out that he lurks on the sports pages). That company will be the only buyer now that the parents property has been divided, because, although it is a beautiful piece of property and has acres & acres of undeveloped acreage surrounding it no one else will want it with the other house there. They have been trying to buy it for years at a fair price, but parents would not consider leaving.

I hope my description is clear. If/when I get any of it, I will sell to them or do something obnoxious with my part.

Did they/are they not paying for their 5-acre chunk?

If they are, shouldn't the remaining acreage still be split 50/50?

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In Texas, you shouldn't be able to convey a landlocked parcel.

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A neighbor of mine has a property for sale right now that is landlocked. There has always been an unwritten/gentlemans agreement with the owner of the land allowing access. The buyers can't get a loan. I'm not sure how they will resolve it, but it's interesting.

Yes, Ducks, they are paying (haven't yet though) and it would be 50/50 less the chunk. If we just drew a line back though and split the actual property in half, my half would be worth more since it would have my parents house & most of the farm structures.

schwack schwack said:

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Yes, Ducks, they are paying (haven't yet though) and it would be 50/50 less the chunk. If we just drew a line back though and split the actual property in half, my half would be worth more since it would have my parents house & most of the farm structures.

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If they're paying for their chunk, why wouldn't the remaining still get split 50/50?

Will they get their money back?

I guess I don't understand what you are asking. No, they would not get their money back (provided they actually pay it) - they will own their own separate 5 acres. As I stated above, the rest will be 50/50 but I'm not sure how it will divide out equally unless we just sell it all and split the money. I highly doubt they will be agreeable to that.

schwack schwack said:

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I guess I don't understand what you are asking. No, they would not get their money back (provided they actually pay it) - they will own their own separate 5 acres. As I stated above, the rest will be 50/50 but I'm not sure how it will divide out equally unless we just sell it all and split the money. I highly doubt they will be agreeable to that.

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I think I get it now - I was misunderstanding sorry

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sorry

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No need for that! Any questions & conversation on this is helpful to me.

If you want the property, or want to protect your "equalness", just go to parents with an offer to purchase 5 acres, and say you want the same terms that your sister got. Don't include the homestead. That way, when it gets split or has to be sold, your equal interests are protected. You don't actually have to do anything with it.

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normaleagle05 said:

The parroting of this ignorance is exhausting.

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Got a bird theme goin' on.

schwack schwack said:

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sorry

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No need for that! Any questions & conversation on this is helpful to me.

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Look, you're a saint. Embrace it. You earned it. High road.
EMPLOY A LAWYER. Some have said, "That'll annoy....".
Probably true. Given that, EMPLOY A LAWYER. Lay out the story just as you've told it here. The goal here is not to stop anything that's inevitable. It's about the future. Pro tip: It's your right and *strictly* your business....and your $$. Good tips on this thread. Offer them to your personal attorney.
This is Phase 1. Don't tell them you hired your attorney.
Please. There will be a Phase 2 (plus). Be prepared, and let your attorney be " the ass". Your job then is to shrug your shoulders, silently.

Not looking for pats on the back. I just don't feel the need or really have the desire to stir the hornets nest or spend my money to go over scenarios that may never happen.

Duberstein is right that it's not mine - my parents have the right to do what they want & have ignored our efforts/advice to get them to look at the bigger picture. I hope this decision will not come back to haunt them later.

And Keeper is right that Sis/BIL will end up as primary care givers by default & will complain every step of the way.

I will update as things develop. They still have not paid for the land yet. The survey is the only thing that's happened.

Again, appreciate the conversation.

DannyDuberstein said:

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What he'll pay the lawyer is his $$. The rest is his parents. It's always a shame to see kids fighting for what is "theirs" while their parents are still alive. Because it isn't "theirs". It's the parents'. OP seems to be doing a good job of stomaching what can come with that, but it is what it is. In this kind of aituation, my primary concern would be making sure my parents aren't bled from $$$ they may need to live out their days, but if they are of sound mind and it doesnt seem to be a scam job, it's their call.

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That's just naive. Get yourself a lawyer. Things will change over time. Been there 4 times, now. I *sincerely* doubt it would merely enrich the lawyer. About a thousand scenarios still possible here that haven't even popped up.
Be prepared; talk to someone who's been there x100.
And...the time to do it is...very soon.

Lots of good points made above, but the simple answer is to seek a lawyer and professional estate planning advisor. The splitting of the property should be simply a percentage share of the entity that owns the entire property; not sectioning it off into individual parcels. Then whatever happens you have the ability for all parties to buy each other out at any point in the future.

From a real estate perspective, regardless of funding for the new structure, just push to have your sister's new house treated as a triple-net lease. Its more clean from an accounting perspective if you anticipate selling your portion.

I've read the whole thing and can see where both sides are coming from. The biggest issue that would concern me is the financial position of your parents. Are you positive that if one of them had to go into a long term care facility that they do not have the means to pay for that (and don't have insurance coverage)? If it's in question then I think the sister should hold off for now on building the house. They could easily buy a home nearby and use the property for recreation until the time comes that they could sell their home and build on it. I do feel like you're being a little dramatic on the partition though, there are many ways to split up a property even with the difficulties you have described, I wish I could see an aerial of the land, but i understand if you want to keep that private as it could possibly give away your identity if someone was very familiar with the location.

1939 - Yes, if one went into a nursing home/assisted living facility then money would be an issue. They do not have long term care insurance & quite frankly, have never put away a lot of savings - what they do have would be eaten up pretty quickly at $3,500-4,500 per month (the going rate for care in their area - some obviously nicer than others...).

The division of the property is not that dramatic: it's a rectangle. The homestead & the lot sold to my sister have all of the road frontage across the front & the shared access via the railroad crossing. There is no other way in or out and there is no chance of getting another crossing or purchasing any additional land on the other 3 sides.

Apparently it became final this week. Sis & BIL went to the county and did whatever they have to do. No idea if money has changed hands, but its a done deal.

Probably too late to have a friend submit an offer for market value, gauge your parents reaction, then ask WTH they're screwing themselves w/the sweetheart deal to your POSis and BIL.

Any 4th of July family fireworks about this? Or same old story for now?

I've been debating whether or not to post, but since you asked....

Parents have been having some health problems. We went for a surgery (Mom) a couple of weeks ago. It was weird. Sis was running the show. Dad was "let's go take a walk" with her & staying close. I can give my opinion on something and it's ignored, if she says it, it's golden. That's always been the case to some degree, but seems more obvious now.

They had vacation time last week & went back to spend it there working on "their land". They were working on the site plan, clearing the fence row, etc. I didn't call that whole week, but checked on Mom this past weekend after I knew they had left. It was weird. She made a point several times during the call to mention "their land" and it almost felt like a dig. We were surprised how much it kinda hurt, but we'll get over it.

Part of me is glad they'll be out there as our parents age & have problems but I also wonder how they'll handle it if things get really bad and it interferes with their life & travel plans.... of which there are many. And, of course the money concerns me - that there will be enough should something drastic happen to one of them. But, it is what it is. Done deal.

Thanks, Keeper. I am the executor of their will (at this point, anyway) because they always said I was better at handling money - ha! I'm a 50/50 type person, so things will be handled fairly if I'm in charge. I won't be surprised if they change things, though. We have never expected anything from them thru inheritance - always figuring they'd need it all - so I'm good with whatever happens, just disappointed at the way things have been going.

Sorry about this deal. You can handle it!