Legal Question in Real Estate Law in Texas

Multiple owner land sales

My 3 brothers have ended up with an undivided part of 2oo acres of land in Wise county,TX. We own 1/4 of it. 1 or 2 of the owners (family)want to sell at a lower price than we want to. The average price in that area is 2700 to 3500 dollars an acre and one of the other part owners want to sell for 2000 an acre because she needs the money. Who will get there way and who has to pay for the legal fees normally? We really don't have the money to spend on attorney fees so I am wonering who would have to pay and what the law is about something like this. Is there a website or some book which would give me this info?


Asked on 8/21/02, 7:43 pm

2 Answers from Attorneys

Joseph A. McDermott, III Attorney at Law

Re: Multiple owner land sales

You can either agree or litigate. An agreement would involve either splitting the property up or selling the property based on an agreed split of the proceeds. If you cannot agree, any of the owners can bring an action for partition, which will involve the Court deciding how to split the land into appropriate shares. Any owner can demand this remedy; there is no vote or such. Litigatng, of course, will be much more expensive than agreeing. In addition to legal fees, real estate expets will have to be retained. As far as getting out without paying any legal costs, you could try and do it yourselves, but my prediction is you would end up in court after all and spend a great deal more than if you went to a lawyer in the first place. You're talking about a $400,000 -- $700,000 piece of land and to sell it you'll need to spend $5,000 -$10,000 in legal, surveying and title costs (all of whihc likely can be collected at closing out of the sales proceeds). Good luck.

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Answered on 8/22/02, 11:47 am

Re: Multiple owner land sales

You have a few different options. If you can get everyone to agree probably the path of least resistance (and the least expensive) would be to have the siblings execute a family settlement agreement where you agree to split the property up into equal parcels, so that each sibling owns 100% of a distinct parcel. This will allow whomever to sell his/her share for whatever price s/he chooses. You all can agree to split the attorney and survey costs if you so choose.

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Answered on 8/21/02, 8:03 pm


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