Legal Question in Real Estate Law in New York
Hello; My mother deeded the family farm land in New York over to my 4 brothers, 1 sister and my self in 1988 after my fathers death. All of us have their names on the deed as equal owners. There are no houses or buildings on the land. And none of us live on the land. The land is free and clear of any mortages or leans.
2 brothers want to sell the land, 2 brothers do not want to sell, and 1 brother and the sister are up in the air.
What can be done. Thanks Brian
1 Answer from Attorneys
Any one of you can start an action to partition the property in the State Supreme Court in the county where the property is located.
The alternative is to appraise the property and buy out the siblings who wish to sell.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.
My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts. I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change. As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.