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My sister and I have inherited land from our father. The initial…

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My sister and I have...
My sister and I have inherited land from our father. The initial agreement 6 yrs ago was that we would keep each other informed on any and all info regarding the land. One piece of land has been sold. We still have 1 more farm to sell. My sister decided 5 yrs ago to keep me out of the loop since she hired and paid for a lawyer. So I haven't been kept up to date on most things. The person who had been farming the land for years before and after our father died is wanting to buy it. His price is 1500 per acre. This has been dragging along all this time and he is tired of dealing with all this mess. I have agreed to the 1500 and I am selling my minerals. My sister wants her price to also be 1500 while she retains her minerals. He has stated he will not pay more than 1500 and that my sister and I need to work out the rest. My sister isn't budging and won't take less even though she keeps her minerals. He will back out of the sale if something isn't decided soon. My sisters lawyers are accusing g me of not agreeing with anything. I just think that her share should be less if she keeps minerals. The lawyers won't work with me since they have been ordered to cover her interests and not mine. Help!!!!
Submitted: 3 years ago.Category: Real Estate Law
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Answered in 8 minutes by:
5/21/2015
Real Estate Lawyer: Roger, Lawyer replied 3 years ago
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,954
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is ***** ***** I'm a Real Estate litigation attorney licensed in Tennessee. I'll be glad to assist.
Your sister should really look into whether there are actually any true mineral rights to retain. In most cases, mineral rights were sold off separate from the dirt years and years ago....so most people that own land only own the surface rights. So, she may want to investigate that to see what she's really hanging onto.
That said, if she refuses to change her position, the only thing you could do is file suit to partite/divide the property and sell this farmer your half. If you were to file a partite suit, your sister can't stop it and she can't prevent you from selling your half to him.
That may be the best option if she isn't budging and you want to sell. Obviously, you'd have to see if the farmer was willing to buy your half after the land is divided. If so, that may be your answer .
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Customer reply replied 3 years ago
The lawyers and the farmer have said the minerals are definitely with the land. My father would never have let go of any mineral rights on any of his farms. The guy farming the land is someone we grew up with. That's what makes it worse. My sister is a very difficult person to deal with. Since she stopped including me I told her I wouldn't be paying any of the lawyers fees. So all the info to me stopped about 5 yrs ago. I had to go around her and her lawyers on the other farm to sell to an oil company. This farm is smaller and the farmer has had it for a lot of years now but he has stated he will not go higher than 1500. And if not soon, he will just drop it. Obviously I need the money and my sister doesnt. I need this sale to go thru.
Real Estate Lawyer: Roger, Lawyer replied 3 years ago
In that case, your only real option is to file the partition lawsuit and have the property divided....which will allow you to sell your part to the farmer without having to deal with your sister.
Otherwise, you're going to have to wait on her to come around in order to get the sale done.
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