Legal Question in Landlord & Tenant Law in Washington
land use agreement
If a company issued a land use agreement in the late 1960s, and that company was sold to another company (2002), is the land use agreement still valid and must it be legally upheld by the current company? Or, can it be challenged? Originally there were two men who signed the agreement with the first company; one is living and the other died 10 years ago. The deceased man built a structure on the land for use by his immediate family and their descendants (late 1930s - before the agreement even came into existance). The other man, a nephew, was placed on the permit by the deceased as a safeguard because the nephew worked for the originally company and was a trusted family extended family member. The deceased man willed the structure to his descendants, yet the permit-issuing company (and recently the current permit holder) refuse to add anybody else to the permit, thereby denying the descendants legal footing. The problem: the second man on the permit is trying to take control of the structure. Given the circumstances, the only recourse seems to be to challenge the land use document. Is there a reasonable chance of success? Thanks!
2 Answers from Attorneys
Re: land use agreement
In order to adequately answer your question, I would need to have additional facts. Particularly, I would need to know the language of agreement, the corporation transfer documents and other information.
Should you wish to pursue this, please feel free to contact me for a free consultation.
Re: land use agreement
You might want to re-post this under real estate as it doesn't sound like a landlord-tenant problem, but a covenant or possibly adverse possession problem. I can't tell from what you provided if the "land use agreement" is a covenant. If you can access the document - if it is filed with the deed at the County, for example - of if there is a will involved - - that would help a lot. Please know that you may well be over your head as lay persons and don't feel bad if you need an atty to straighten this out, as I think as time goes by the descendant's ability to challenge or correct the situation diminishes. Good Luck - Powell
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