Posted on: 20th Aug, 2009 09:41 am
Hi,
Five years ago my wife and I bought two adjoining lots up north in Michigan. The intention was to give one of the lots to our daughter. She decided against taking the lot. My father-in-law who was 79 and living in Florida with his current wife at the time expressed great interest in moving up here next to his daughter and I. My wife (who is a nurse) and I could watch after them as they grew older and maintain their yard in winter and summer. In turns out, my father-in-law was just seeing an opportunity to make some money on this lakefront lot. After living here only 4 years, he is selling the place. We quitclaimed the property to him and his wife for the "cost of one dollar and other valuable considerations." He never even gave us the dollar. He barked when he told us they were selling, "Do you want the dollar now?" Our big concern is our well is on their lot. We asked if he would just quitclaim back 40 feet of his lot, but he refuses. Do we have any recourse? My wife and I are beside ourselves over this situation.
Thanks,
John
Five years ago my wife and I bought two adjoining lots up north in Michigan. The intention was to give one of the lots to our daughter. She decided against taking the lot. My father-in-law who was 79 and living in Florida with his current wife at the time expressed great interest in moving up here next to his daughter and I. My wife (who is a nurse) and I could watch after them as they grew older and maintain their yard in winter and summer. In turns out, my father-in-law was just seeing an opportunity to make some money on this lakefront lot. After living here only 4 years, he is selling the place. We quitclaimed the property to him and his wife for the "cost of one dollar and other valuable considerations." He never even gave us the dollar. He barked when he told us they were selling, "Do you want the dollar now?" Our big concern is our well is on their lot. We asked if he would just quitclaim back 40 feet of his lot, but he refuses. Do we have any recourse? My wife and I are beside ourselves over this situation.
Thanks,
John
my initial reaction is that it's not so abnormal to live somewhere for 4 years and then decide to sell, but then i'm not involved in this situation as you are. clearly there's more here than a simple real estate transaction.
you do have a legitimate concern about the well, of course, in addition to the familial stuff. is there any caveat in the deeds to these properties that discusses the well and its use? if it's already taken care of in that fashion, then you might be able to get past the 40 feet and let him skedaddle.
check with your attorney (i trust you've engaged one) and see what your title reflects. that's clearly the easy way out if it will protect the well and your usage of it.
as to recourse - this, again, is something that an attorney would need to discuss with you. in my non-expert opinion, i'd think you have no recourse, as people change their minds all the time, and what may have been a good-faith transaction 4 years ago was just that - 4 years ago. if there was anything in your deed to him then that would protect you in the future, well fine, but that's not something people generally look into the future and think about.
at least you and your wife are in agreement on this and you don't have to deal with family allegiances that could get in the way of a resolution. it'd be really nice if your father-in-law would bend a little bit and see things from your perspective.
you do have a legitimate concern about the well, of course, in addition to the familial stuff. is there any caveat in the deeds to these properties that discusses the well and its use? if it's already taken care of in that fashion, then you might be able to get past the 40 feet and let him skedaddle.
check with your attorney (i trust you've engaged one) and see what your title reflects. that's clearly the easy way out if it will protect the well and your usage of it.
as to recourse - this, again, is something that an attorney would need to discuss with you. in my non-expert opinion, i'd think you have no recourse, as people change their minds all the time, and what may have been a good-faith transaction 4 years ago was just that - 4 years ago. if there was anything in your deed to him then that would protect you in the future, well fine, but that's not something people generally look into the future and think about.
at least you and your wife are in agreement on this and you don't have to deal with family allegiances that could get in the way of a resolution. it'd be really nice if your father-in-law would bend a little bit and see things from your perspective.