Posted by JD Seller on November 14, 2012 at 19:37:48 from (208.126.196.144):
In Reply to: Conservation easement posted by goose12 on November 14, 2012 at 09:22:26:
Goose: There are several things going on here that you have not answered.
1) Whose name is on the deed??? If it is in your father and mother's name then if he is not of sound mind then nothing can be done without some one being his legal guardian. Once a person is diagnosed with Alzheimer any contract with his or her name on it,, without a court appointed guardian, will not stand any type of court challenge.
2) Are you or your Mother his court appointed guardian?? If you are then you are required to look out for his best financial interests not yours. So if you do something that devalues the farm like the permanent easement then you can be financially libel.
3) Why do you have more say than the rest of your siblings??? You say "we are thinking of doing this" who is the we???
4) You say you live four hours away and can not walk the property. So what good will it do you to tie it up from selling???
Goose I understand the wanting the land to stay in the family but the family has to want it to stay in their possession. If you try to force it on them then there will be ZERO family left. You will never have another Thanksgiving or Christmas together if they feel you have sold them out. Plus I bet that some of them may be better off than you. In a legal battle the deepest pockets have a much stronger hand.
So I would not try to force anything on the siblings. Get everyone together. If your Mother is of sound mind then have her tell them what she wants to happen. NOT WHAT you want to happen. What she thinks your father and her would want to happen. Then try to work through this as a family. Reason being is that if you turn this into a battle the family will be the first thing lost. I have seen it happen all to often.
FIRST thing to do is throw the joker "farmer" off the pasture. If they decided to fertilize the pasture then they got the benefit so they still should have paid rent. Also check with the county Extension office they will have a list of the average rental rates for your state/county. Then if the current renter/crook wants to give the going rate then fine but get it all in writing.
Goose this is going to sound harsh but here goes: If you have not been able to help your parents get the rent they should have, then how are you going to help them with something as complicated as a Conservation easement???? These easements are very complicated. They are very different from state to state. In some states you are basically turning all the future land use decisions over to a state board.
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