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  1. #11
    Join Date
    Oct 2006
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    16,474

    Default Re: Waiting to Probate and Sell Land

    Quote Quoting 727
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    I can buy a portion of it because my property touches one complete side of theirs. I had already bought 25 acres of it from the Aunt while she was still alive. They can not subdivide it because the entrance though mine is not wide enough and seeing that I own it and they have no easement of record selling any of it unless someone buys it for cash is not likely.
    They still would have to subdivide the parcel in order to sell you some acreage. The aunt had to subdivide it in order to sell you those 25 acres. I think perhaps you are using the word subdivide when you really mean develop. It doesn't matter that it touches yours.

  2. #12
    Join Date
    Jul 2018
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    23

    Default Re: Waiting to Probate and Sell Land

    Quote Quoting llworking
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    They still would have to subdivide the parcel in order to sell you some acreage. The aunt had to subdivide it in order to sell you those 25 acres. I think perhaps you are using the word subdivide when you really mean develop. It doesn't matter that it touches yours.
    OK, then use the term it cannot be developed because of the width of entrance going through my property. And as far as I know it cannot be either sold as a whole or in subdivided pieces until an easement is in writing and recorded in the Court House. And my first question has still not been answered as to why the wait. I don't want to just ask them. I got along fine with the Aunt. The three that now own it are not like their Aunt. None live near the property and haven't done anything to it since the Aunt passed. It looks like hell now and the only way it retains its value is because of its location.

  3. #13
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Waiting to Probate and Sell Land

    Quote Quoting 727
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    OK, then use the term it cannot be developed because of the width of entrance going through my property. And as far as I know it cannot be either sold as a whole or in subdivided pieces until an easement is in writing and recorded in the Court House. And my first question has still not been answered as to why the wait. I don't want to just ask them. I got along fine with the Aunt. The three that now own it are not like their Aunt. None live near the property and haven't done anything to it since the Aunt passed. It looks like hell now and the only way it retains its value is because of its location.
    The ONLY people who know the reason for the wait are the people waiting.

  4. #14
    Join Date
    Jul 2018
    Posts
    157

    Default Re: Waiting to Probate and Sell Land

    Quote Quoting PayrolGuy
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    The ONLY people who know the reason for the wait are the people waiting.
    How So?

    Poster 727 is marking time and he ain't knowing diddly-squat!

  5. #15
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Waiting to Probate and Sell Land

    Quote Quoting 727
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    OK, then use the term it cannot be developed because of the width of entrance going through my property. And as far as I know it cannot be either sold as a whole or in subdivided pieces until an easement is in writing and recorded in the Court House. And my first question has still not been answered as to why the wait. I don't want to just ask them. I got along fine with the Aunt. The three that now own it are not like their Aunt. None live near the property and haven't done anything to it since the Aunt passed. It looks like hell now and the only way it retains its value is because of its location.
    Again, if the aunt sold you some acreage without there being an easement then I don't know why there would have to be an easement in order to sell you more of it or sell more of it to anyone else. To sell anyone part of it there must be a subdivision.

    Since there is no legal reason why the wait, the only people who can answer the question as to why the wait is the heirs themselves. Since you don't want to ask them, there is no possible answer to your question.

  6. #16
    Join Date
    Oct 2016
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    4,301

    Default Re: Waiting to Probate and Sell Land

    Quote Quoting latigo
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    How So?

    Poster 727 is marking time and he ain't knowing diddly-squat!
    The people waiting referred to the current owners of the property.

  7. #17
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Waiting to Probate and Sell Land

    Quote Quoting 727
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    OK, then use the term it cannot be developed because of the width of entrance going through my property. And as far as I know it cannot be either sold as a whole or in subdivided pieces until an easement is in writing and recorded in the Court House. And my first question has still not been answered as to why the wait. I don't want to just ask them. I got along fine with the Aunt. The three that now own it are not like their Aunt. None live near the property and haven't done anything to it since the Aunt passed. It looks like hell now and the only way it retains its value is because of its location.
    The bolding is not true. I don't understand what your point is about the need for an easement since you have not indicated that this property may be landlocked. But an easement does not have to be granted (if it was required) before a subdivision is possible. An easement can be granted in a grantor to grantee deed. It can be granted by plat in an approved subdivision plat.

    Why do you think that an easement is required?

  8. #18
    Join Date
    Jul 2018
    Posts
    23

    Default Re: Waiting to Probate and Sell Land

    Quote Quoting budwad
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    The bolding is not true. I don't understand what your point is about the need for an easement since you have not indicated that this property may be landlocked. But an easement does not have to be granted (if it was required) before a subdivision is possible. An easement can be granted in a grantor to grantee deed. It can be granted by plat in an approved subdivision plat.

    Why do you think that an easement is required?
    Because from every realtor, lending agent, lawyer and the County Judge I have talked to nobody is going to give them a loan or title policy without an easement of record. If they can come up with a little over a million and pay for it without a loan then it would be possible. But not very likely. Also they still have the problem of traveling though my land. I cannot keep them from doing it but I can make it miserable. And yes their place is landlocked. There may be other places they could access it but they would have to buy land from others which is not very likely.

  9. #19
    Join Date
    Nov 2013
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    7,056

    Default Re: Waiting to Probate and Sell Land

    Quote Quoting 727
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    Because from every realtor, lending agent, lawyer and the County Judge I have talked to nobody is going to give them a loan or title policy without an easement of record. If they can come up with a little over a million and pay for it without a loan then it would be possible. But not very likely. Also they still have the problem of traveling though my land. I cannot keep them from doing it but I can make it miserable. And yes their place is landlocked. There may be other places they could access it but they would have to buy land from others which is not very likely.
    I'm not impressed with your contention that any of the named people above know squat about easement law. You say the neighbor has an easement but it is not recorded. Well you and all your sources don't understand implied or easements by necessity. Your Texas Supreme Court ruled to clarify the doctrines in 2014.

    I will assume and bet on the fact that there was unity of title for your property and neighbor's property somewhere in the chain of title. If that is not correct, please give us some history.

    I'm not going to restate what the case law is or what the elements of an easement by necessity are because you can read the case linked to above.

    Your neighbor can and may sue you in a quiet title suit if you impede their use of the access they have to their property. And INMO would likely win.

    I suggest that educate yourself and speak to an attorney that actually practices land use law. You're not as smart as you think you are when it comes to easement law.

    What exactly does the neighbor need to purchase for a million dollars? They already own the land. Are you saying that for you to grant a recorded access easement it would cost them a million dollars? If that is the case, you're delusional.

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