Legal Question in Real Estate Law in Wisconsin

My mother and her siblings (5 of them) were left a piece of land by my grandfather. Of the 5 of them, 4 of them want to sell the land. The one who doesn't want to sell has been made an offer by the 4 others to buy it at an affordable price (under market value). He refused the offer. Now the 4 want to lease the land for hunting or force him to sell. Can they force him to sell his portion? Can they legally lease the land to other hunters without his permission?

Also, if this isn't resolved and my mother is to pass, this is to be left to me. Can I refuse the gift?


Asked on 12/27/12, 2:55 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

If the five owners are unable to agree on how to manage the land, they may need judicial help (via a lawsuit) to resolve the situation. A judge can, in a partition lawsuit, order the land sold to the highest bidder, which could include a consortium of the four siblings who are in agreement. These four would definitely need to appoint a manager with authority to resolve any future disputes. If you do nothing, this title will be unmarketable until all owners agree on what to do. Any owner can stand in the way of management decisions unless you do this. You should probably consult with an experienced real estate attorney. My answer does not automatically make me your attorney, so you need to consult with your own attorney before acting upon any of my comments and may contact my office at 333 Main St, Racine, WI 53403, 262-633-3090, during business hours, or see me on the web at www.jayknixonlaw.com. Also see 15 years of my answers to consumer questions at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon. Attorney answers may contain advertising material. .

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Answered on 12/30/12, 2:42 pm


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