Legal Question in Real Estate Law in New York
land deed
This is written at the bottom of the deed.What does it mean.Should the grantee desire to convey the above premises the property should first be offered to one of his brothers.Should all the brothers decline to purchase the property it shall then be offered to the children of the brothers.This convenant shall continue to bind the grantee,his heirs,successors, or assigns until the death of all brothers and their children. Does this mean it can never be sold to a nonfamilymember?
4 Answers from Attorneys
Re: land deed
Hi:
Without reading the document and knowing whether you are one of the heirs and the family structure it is impossible to make a determination.
This does not mean that the property can never be sold.
I am availabe for a no cost consultation to discuss this matter in further detail to hopefully point you in the correct decision, or alternatively you should speak with another attorney.
Good Luck
Re: land deed
Your assumption does appear to be correct, until, at least, there remains only one family member, but the entire meaning really cannot be determined without reading the whole document. For example, other covenants may effect the clause, or there may be an error that negates it. You should contact a New York real estate attorney.
Re: land deed
Sounds like the Grantor's siblings and nephews/nieces shall have first preference to purchase but it most likely can be sold to a 3rd party if all of the above consent.
You may contact me at anytime for a complimentary consultation.
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