Legal Question in Real Estate Law in Maryland

Deeding land for home sites

Inherited property requires three designate family member signatures before deeding land for home sites. As one of the designated family member, I have the signature of one family member; However, the third member has refused to sign land for home sites. What are my alternatives?


Asked on 6/13/02, 9:40 am

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Deeding land for home sites

You cannot force the sale of the land unless all three parties required to deed are willing. Alternatively, you could seek to parcel and divide. You could strike a deal with the buyer in this accord and keep the unwilling third owner advised. This is a tactful matter that involves persuasion. If upon realizing that the two of you have a deal in hand and the third is not likely to realize a reasonable sale thereafter, the third may be willing to agree. If you need help structuring the deal, contact me.

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Answered on 6/24/02, 10:48 pm
Robert Sher Wagshal and Sher

Re: Deeding land for home sites

I'm assuming from your question that you and 2 other family members jointly inherited a tract of land which a developer now wishes to purchase in order to erect homes. I also assume the developer wants to purchase the entire tract, not just part of it. This makes your situation a difficult one if one of the family members just doesn't want to sell his/her interest. While you could try and divide up the property into separate parcels so that you could control your own interest, a part of the property is presumably much less valuable than the tract as a whole. You really can't force your co-owner to sell if they don't want to. Perhaps they think the amount of the offer is insufficient. Maybe you can get the develope to increase its offer sufficiently to convince the reluctant member to sell.

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Answered on 6/13/02, 2:20 pm


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