Advice, Please

chris 77 · #1 06/26/04, 03:25 PM

hey guys i think i,ve found a way to get some land not as much as i wanted but it,s some land .. my brother has about 40 acres and has told me that he would deed me about 3, and i am sure i could use the rest for animals as long as i just dont go crazy with it.the land is pretty grown up pine thicket, but there is enough cleared for a house and small yard, and maybe4 to 5 acres over by brothers house would be good pasture. the only well has 2 houses on it already but has never went dry that brother or me can remember.there is also a small spring fed pond.the only problem i see is it wouldn't be mine legally except for the 3 acres.now brother and i get along just fine but it has also been 15 yrs since we lived in our parents house together and we have never shared financial resposibilty on anything.
any advice suggestions or comments please

Bink · #2 06/26/04, 03:36 PM

Me, I'd say go for the 3 now and see if you like it. You could always give/sell it back to him, right?

Or, if you do well it may be that he's willing to deed you more or that you both go in together on further acreage.

uncle Will in In. · #3 06/26/04, 03:59 PM

Whatever you do, do it on paper prepared by an attorney and recorded at the courthouse. You hear of cases all the time that was done as an agreement that go sour. You also don't have any idea what could happen in either of your lives that would wipe out any thing that was not legaly recorded.

Jena · #4 06/26/04, 04:23 PM

I agree with the legal recording. If you or your brother dies, your agreement doesn't mean much in an estate settlement.

My husband and his brothers share lots of land, but they have done it for a long time. My husband farms it and uses it, but the brothers get their share of crops. We have deeded one brother a couple acres where he wanted to build a house and they have done the same in return.

I would be sure and clarify what he expects and what you want to do. It may very well be that he expects you to just build a house and live quietly. He may not want animals running near his house, or on his land at all. Write your plans down, then go talk to him and see what he has to say about it.

Don't go into it just assuming he'll go for it.

Jena

MIFarmGirl · #5 06/26/04, 11:13 PM

Sounds like a wonderful opportunity! Congratulations on becoming a land owner

Having worked in mortgages, title, etc my advice is: definitely have the deed prepared, signed and recorded. Also, make sure the split is allowed by your township before you prepare the deed. Sometimes you can get burned if there are no splits allowed on the "mother" parcel, or if it is land locked, or no road frontage, etc etc etc. So definitely something to look into. If all checks out, you have yourself the beginnings of your own personal paradise. Many happy homesteading moments!

bgak47 · #6 06/27/04, 09:29 AM

Please keep in mind that there are no fueds like those between family members that arise over money or land. Your brother sounds as if he is loving & generous, but I would certainly make sure that the aggreement is completely understood by both of you, & I would urge you to hire a lawyer that is experienced in real estate law to guide you through the process. It sounds as if you will probably have to have your own well, & certainly your own septic. I hope it works out & you have your very own place soon. Good luck!

tambo · #7 06/27/04, 10:16 AM

I agree with telling your brother what you want to do with the animals before you decide.

Remember if you do this,you will have say so of the 3 acres only.Trying to get him to do something on the rest that he might not want to do will cause problems.

I hope ya'll have a good relationship like my sister and I.There is nothing better than family.

Tambo

chris 77 · #8 06/27/04, 02:49 PM

Thanks For All The Advice Guys I Think We Are Going To Give It A Go.
Thanks Again

Hoop · #9 06/27/04, 08:09 PM

Your brother is giving you 3 acres out of the goodness of his heart. As the others have mentioned, get the paperwork completed ASAP. Take it upon yourself to pay all associated fees.

Don't assume you can use one of his wells. Don't assume you can plant crops. Don't assume you can graze animals.

Have a sit down with your brother. Bring your significant other and have your brothers significant other present as well. Discuss the relevant things. Its possible your brother believes he is being more than generous (he is) by deeding you the 3 acres........and thats as far as it goes.

Communication works wonders

debitaber · #10 06/28/04, 04:56 AM

owning land is a wonderful thing. But get it in writing, and record it at th county seat. Also, you might think about putting a well down, two houses on a well, is just about as far as I would push it. also , think about what animals you are going to have. Your brother, just might not want animals, all over the place, and tell you to keep your animals on your land. Cattle and horses and even goats can be a real pain, if they get out!!!!!!!!!!!!!!!!!and they do go for the gardens, and flowers, believe me. Pigs can be a pain too. Any animal can if they can get out, and roam the country side. And if a famer tells you his animals have never got out, don't believe him, they all do,sooner or later. Some one forgets to close a gate, or they walk through that new electric fence you just put up. Or Deer knock the fence down, and yes, deer do knock the fence down.
So I would ask my brother , what kind of animals he is willing for you to have. and go from there.
good luck , and have a great time with your new land!!!!!!!!!!!!!!!

ginnie5 · #11 06/28/04, 08:14 AM

I say this from experience. When my grandmother got to the point that she could no longer live on her own it was decided by everyone that I would take care of getting her house cleaned out, sold, and making sure the money was put up for her to have when she needed it. We even drew up legal papers on this. Well that did not stop my mother from being a total &*%#! about it. It got so bad I had to put call blocking on my phone and change me cell phone number. I finally just told her to take the money and do what she wanted, I was done with it. this has caused a rift that is not going away. Granted that's not all that caused the rift but it was the straw that broke the camels back. If ever asked again to do anything like that concerning family the answer will be short and firm....NO! Good luck if you do this. It does sound like a wonderful opportunity and I really hope it works well for you.