#3100050 - 12/29/12 11:22 AM
Re: Jointly owned land
[Re: Southern Sportsman]
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blountcountyboy
8 Point
Registered: 03/30/03
Posts: 1333
Loc: Blount CountyTN ya know over n...
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This property was not bought but, inherited and the other tenant is not willing to sell their "half" of the property or buy out the others "half". It's a bad situation.
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#3100110 - 12/29/12 12:33 PM
Re: Jointly owned land
[Re: blountcountyboy]
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Southern Sportsman
6 Point
Registered: 09/18/11
Posts: 505
Loc: West TN
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Yeah if you inherit property as a co-tenant, you obviously can't avoid the problems associated with co-ownership. And if the other party won't agree to sign an ownership agreement which lays out the rights of each party, it can be difficult. Ideally one would be able to convince the other party that an ownership agreement benefits both parties. Otherwise, once it goes too far, it can turn into a pissing contest with one party constantly trying to get back at the other. If the two can't come to a civil agreement, the only option sometimes is a court ordered partition.
It's a tough situation to deal with. If one owner calls the law on someone for 'trespassing' and the 'trespasser' then presents written permission from another owner, the game warden or sheriff probably won't be able to do much. The one owner will probably have to resort to the court system to enjoin the other owner from giving permission, and that can be expensive and time consuming. If it's already bad, and it doesn't look like it will get better, you may want to request a partition and save yourself years of headache.
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#3100381 - 12/29/12 05:40 PM
Re: Jointly owned land
[Re: Southern Sportsman]
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Chaneylake
Brownsville Mafia
16 Point
Registered: 12/18/07
Posts: 15298
Loc: on the wings of a snow white d...
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the main problem with co-owners of land that is not spelled out in the deed is that if one wants to sell and the other does not want to sell or purchase the other half, then he can take the issue to court and have a forced sale, the judge will then split the money between the co-owners, it is a loosing deal money wise for both parties
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"Don't piss down my back and tell me its rain", Fletcher, Outlaw Josey Wales
Living somewhere between this world and the other, Legends of the Fall
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#3100485 - 12/29/12 07:06 PM
Re: Jointly owned land
[Re: Chaneylake]
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Bowdacious
16 Point
Registered: 09/01/00
Posts: 12950
Loc: over here
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This thread makes me love my brother even more. We jointly own the house I live in, the property I hunt on and now 12 acres at my Papaw's farm. All inherited. He called to ask my permission for a friend of his to hunt once. I laughed and asked him why he was asking to use his own land. We have had zero problems and will not have any in the future. As a matter of fact, I will be building a house on the farm in the next few years.
It breaks my heart to see folks fight over a gift.
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#3100607 - 12/29/12 08:26 PM
Re: Jointly owned land
[Re: Bowdacious]
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Southern Sportsman
6 Point
Registered: 09/18/11
Posts: 505
Loc: West TN
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This thread makes me love my brother even more. We jointly own the house I live in, the property I hunt on and now 12 acres at my Papaw's farm. All inherited. He called to ask my permission for a friend of his to hunt once. I laughed and asked him why he was asking to use his own land. We have had zero problems and will not have any in the future. As a matter of fact, I will be building a house on the farm in the next few years.
It breaks my heart to see folks fight over a gift.
I hope your right about never having problems, but its impossible to predict. I have family that jointly owned land for decades without a problem and nobody would have expected one. A few years ago an dispute between a (grown) kid of an owner and the other owner arose and now there are huge problems. Even if you and your brother never have a problem, you will have kids and they will have spouses and other kids and problems sometimes come up that you never would have expected.
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#3100651 - 12/29/12 08:43 PM
Re: Jointly owned land
[Re: Southern Sportsman]
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William
TnDeer Old Timer
8 Point
Registered: 10/25/99
Posts: 1850
Loc: Kingston, TN
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There are unlimited possibilities. A lot of it is in how the deed is written. I have an "easement" on a neighbors 160 acres that guarantees me hunting rights to his land. By deed, he cannot authorize anyone else permission to hunt.
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#3100699 - 12/29/12 09:06 PM
Re: Jointly owned land
[Re: Southern Sportsman]
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Bowdacious
16 Point
Registered: 09/01/00
Posts: 12950
Loc: over here
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This thread makes me love my brother even more. We jointly own the house I live in, the property I hunt on and now 12 acres at my Papaw's farm. All inherited. He called to ask my permission for a friend of his to hunt once. I laughed and asked him why he was asking to use his own land. We have had zero problems and will not have any in the future. As a matter of fact, I will be building a house on the farm in the next few years.
It breaks my heart to see folks fight over a gift. I hope your right about never having problems, but its impossible to predict. I have family that jointly owned land for decades without a problem and nobody would have expected one. A few years ago an dispute between a (grown) kid of an owner and the other owner arose and now there are huge problems. Even if you and your brother never have a problem, you will have kids and they will have spouses and other kids and problems sometimes come up that you never would have expected.
It won't happen. My boys would die before they fought over this land. My brother's son would be under my care if anything happens to him and his wife. He will always have to have a caregiver of some sort. You would just have to know us to understand. When it comes time for the boys to inherit, the different properties will probably be divided. Our only arguments have been about trying to get the other to take stuff. We even argued with our Uncles that the land was theirs and we had no claim to it whatsoever. It's funny, actually. We must be the weirdest family ever.
Edited by Bowdacious (12/29/12 09:07 PM)
_________________________
Disagreeing with me doesn't make me any less right.
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The best gift you can give another is the feeling that they are worth something.
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#3101264 - 12/30/12 10:23 AM
Re: Jointly owned land
[Re: Bowdacious]
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blountcountyboy
8 Point
Registered: 03/30/03
Posts: 1333
Loc: Blount CountyTN ya know over n...
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I don't want to go into great detail as this is a family matter but, it's a terrible situation. All farming "chores" are done by 1 owner and the other does nothing but, is still allotted a % of any profit. I am glad to see that it has worked for you Bow but, it's rare. If both parties aren't working for the same goal and or on the same page it never will.
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If not for bad luck I wouldn't have any luck at all.
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#3102137 - 12/30/12 09:09 PM
Re: Jointly owned land
[Re: Bowdacious]
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Chaneylake
Brownsville Mafia
16 Point
Registered: 12/18/07
Posts: 15298
Loc: on the wings of a snow white d...
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This thread makes me love my brother even more. We jointly own the house I live in, the property I hunt on and now 12 acres at my Papaw's farm. All inherited. He called to ask my permission for a friend of his to hunt once. I laughed and asked him why he was asking to use his own land. We have had zero problems and will not have any in the future. As a matter of fact, I will be building a house on the farm in the next few years.
It breaks my heart to see folks fight over a gift. I hope your right about never having problems, but its impossible to predict. I have family that jointly owned land for decades without a problem and nobody would have expected one. A few years ago an dispute between a (grown) kid of an owner and the other owner arose and now there are huge problems. Even if you and your brother never have a problem, you will have kids and they will have spouses and other kids and problems sometimes come up that you never would have expected. It won't happen. My boys would die before they fought over this land. My brother's son would be under my care if anything happens to him and his wife. He will always have to have a caregiver of some sort. You would just have to know us to understand. When it comes time for the boys to inherit, the different properties will probably be divided. Our only arguments have been about trying to get the other to take stuff. We even argued with our Uncles that the land was theirs and we had no claim to it whatsoever. It's funny, actually. We must be the weirdest family ever.
no your family is not weird, its called "Love and Respect", which many do not know exists
_________________________
"Don't piss down my back and tell me its rain", Fletcher, Outlaw Josey Wales
Living somewhere between this world and the other, Legends of the Fall
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#3102249 - 12/30/12 09:54 PM
Re: Jointly owned land
[Re: Chaneylake]
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Bowdacious
16 Point
Registered: 09/01/00
Posts: 12950
Loc: over here
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no your family is not weird, its called "Love and Respect", which many do not know exists
Thank you. They are a great bunch. 
_________________________
Disagreeing with me doesn't make me any less right.
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The best gift you can give another is the feeling that they are worth something.
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