Legal Question in Real Estate Law in Colorado
Undivided half-interest Farmground
I am a farmer. I was contacted to farm two quarters of farmland by an out-of state owner in an undivided half-interest situation. I have an oral contract with that half-interest owner. This is the third year I have been farming the land. The other half-interest party (an estate) has recently served me with a Summons and Complaint saying I have no right to be on the land and that I have illegally taken possession. I have been told that either undivided half-interest owner can ''encumber'' the land. Is this true? What are my options? Thank you.
1 Answer from Attorneys
Summons and Complaint
Louise Aron
Attorney at Law
Lakewood Office:
1536 South Ingalls
Lakewood, Colorado 80232 USA
(303) 922 7687
fax (303) 922-1370
Cherry Creek Office:
300 South Jackson #100
Denver, Colorado 80209 USA
(303) 780-7339
Satellite offices:
Boulder - 4450 Arapahoe Avenue, #100
DTC - 4610 South Ulster, #150
A TOLL FREE NUMBER is available to clients outside the Denver metro area.
web site http://effectnet.com/la/
email: [email protected]
LawGuru User
Dear LawGuru User:
Oral contracts cannot create ownership interests in real property. In general, tenants in common have equal rights to affect or encumber the real estate they own. Apparently, the "tenants in common" owners of this property disagree over its use, and that is a situation that is often settled by court action.
I believe I could answer your question more completely if I had more information about your arrangement and reviewed the papers with which you were served.
Please let me know if you have further questions.
Thank you for contacting LawGuru.
Sincerely,
Louise Aron
web site http://effectnet.com/la/
email: [email protected]
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