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Timseguin
Member
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# Posted: 25 Sep 2017 02:22pm
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I own 20 acres in northern Michigan, along with 7 siblings. I am trying to build a cabin on the property, but cannot get unanimous approval. I am proposing to purchase 1.5 acres from the 20 acre parcel, but have no idea how to go about it(surveys appraisals etc). Any suggestions?
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ICC
Member
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# Posted: 25 Sep 2017 02:33pm
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Check with the county. My county has simpler rules for property transfers and sales among family. You still need a survey. I no friends know a good one, the phone book is your resource.
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DaveBell
Moderator
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# Posted: 26 Sep 2017 08:10am
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Quoting: Timseguin cannot get unanimous approval
20/8=2.5
So what are the issues from each of the 7?
Divide it all up on paper equally (with access road?) and see if they all can choose a spot. First choice, second choice, etc. and see how it plays out. Get signed agreement. Then you can go to the county.
If the land is all equal then its just choosing. If its swamp versus hill, some parcels may have to be larger, some smaller so its an equal deal for all.
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Popeye
Member
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# Posted: 26 Sep 2017 09:02am
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Check with your township first since zoning laws may require a minimum size lot. I know my northern MI township requires a minimum lot size of 10 acres.
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Littlecooner
Member
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# Posted: 27 Sep 2017 11:08am
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If 8 of you own the 20 acres in an undivided interest, why would you have to "buy" your part which is 2.5 acres? Understand well the "politics" that are involved with seeing all siblings agree on a division. Is there a spot that the other 7 would agree that they would sign the deed for your 2.5 acres along with an ingress and egress easement for a drive way?
If the entire twenty acres is really uniform in value and type of land, one option to attempt is to divide the 20 on paper into 8 tracts of 2.5 acres, number the tracts and draw numbers from a hat to see who acquires total ownership in each 2.5 acres.
Before any of this, I would check to see if any zoning requirements are in place. Building a cabin appears to be a rural idea, where your land is only in a county, not inside a city or town. I do not see any need for an appraisal if you can get an agreement among the 8 people.
This past Saturday, I attend a court ordered property sale. This is what happens when siblings can not agree. One party goes to court, sues due to lack of agreement on division and the court will sell the property at public auction and give the proceeds to the owners. This is an action of last resort, but happens quite often when people inherent land with an undivided interest.
Depending on exact facts, it would be possible to obtain a deed to 2.5 acres without a survey, should they agree to let you have a 2.5 acres block in the corner of the existing 20 acres.
Do your homework. You can build your cabin in the end on your property, but sounds like some of your sibling are not being fair. Sad that this happens, but it is quite common.
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KinAlberta
Member
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# Posted: 27 Sep 2017 01:24pm - Edited by: KinAlberta
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Good luck on getting more than two people to agree on anything.
Maybe just buy land elsewhere and leave this kind of situation behind you before it becomes a divisive family issue - which is a near certainty.
My guess is that one it more siblings will want access (for themselves or future... kids, grandkids...) to the prime locations and asking for anything close will guarantee long lasting animosity and future resistance. (Eg.: “Joe tried to pull a fast one and as sure as the sun will set today, he would claim squatters rights to the best part of our land...â€)
If you can’t go elsewhere to build, I’d suggest that you offer to use your situation/desire as a test case. Work out the rules to such usage and agree that if they change you will abide by such changes unless say more than say 50% agree to grandfather your situation. I’d say that my cabin would be portable, etc.
Make up a set of rules that are hard to see as anything but fair to all.
I’d guess that some either now or in the future will just want to take the cash and run. So first things first, to reduce the number of opinions, now might be the time for those that want to keep the land to figure out how to pay out those that will give up their share. Those that want to retain it should see this as desirable. Then propose a second round where if the remaining owners find that they too have irreconcilable issues with future land use, let those depart too. Then the smaller ownership group can figure out how to share the plot of land.
One option for the long term might be to incorporate and issue shares to everyone. This is done with mineral rights that are only divisible to a certain degree.
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Kudzu
Member
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# Posted: 27 Sep 2017 04:32pm
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Talk with a good real estate attorney. I know what I would do in my state. I would get the seven to sign a Quitclaim Deed conveying a 2.5 acre surveyed tract of land. Then I would sign a Quitclaim deed conveying your interest in the remaining property back to them.
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toyota_mdt_tech
Member
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# Posted: 28 Sep 2017 08:19pm - Edited by: toyota_mdt_tech
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4 out of seven, thats all I'd need to just build it anyway. If they dont like it, then tell them not to use it. If they want to use it, pitch in on the cost. Why does a group have to turn everything into an absolute nightmare. Why on earth would anyone be against a small cabin on 20 acres of woods. Seems like something right out of a Thomas Kincaide painting to me.
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ICC
Member
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# Posted: 28 Sep 2017 08:59pm
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TMT, families can be harder to get along with than complete strangers who are drawn together by a common interest, such as a love of the outdoors, hiking, camping. I was one of a family of four children and the only one who actually wanted to stay on the ranch. I had to wheel and deal and buy out the other three after Dad died. That meant selling some acreage, but now the largest chunk of what there was is mine.
As for this deal I still say start with the county and see what sort of divisions are allowed. Minimum size limits are not uncommon in some places. As I mentioned earlier sometimes the rules are relaxed for family divisions.Here the requirements for road access are relaxed when property is divided between family,for example.
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darz5150
Member
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# Posted: 28 Sep 2017 10:40pm
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Quoting: ICC families can be harder to get along with than complete strangers
Been there.
Where I live if you can prove you have paid taxes on the parcel numbers. You own it. Or at least part of it. Your case may be different. You can google laws for your location and find out.
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Littlecooner
Member
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# Posted: 29 Sep 2017 09:54am
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Timseguin - another thought, after you identify your 1 1/2 acre you desire to build the cabin upon, then attempt to purchase the undivided 1/8 interest from each of your co owners. You would still be a 1/8 owner in the remainder of the 20 acres and this would provide some leverage if you were successful in purchasing 5-6 of the 1/8 interest and you had one or two who did not want to sell you their part of the 1 1/2 acre.
The ad valorem tax base value is a good idea of the market value of the 20 acre tract, so that would be a great value to start with and some of your people should be able to agree with the price for your purchase. The more 1/8 interests you purchase, the more the others may decide to let you have your small tract for the money.
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