• If you are having problems logging in please use the Contact Us in the lower right hand corner of the forum page for assistance.

40 Acres

I

I Luv Herfrds

Well-known member
Joined
Nov 8, 2007
Messages
1,639
Location
Montana
Got a surprising call this evening.
A guy that has 40 acres right in the middle of our winter pasture called.
Father in law tried to buy it from him a good number of years ago, sent this guy a letter, but never heard back from him. That's why we are surprised by the call.
Now this land was farmed over 50 years ago, but is now native grass.
There is no easement, but there is a road that leads to a spring we own up north.
No water rights are on it.
The fence is down and about gone.
Guy claims to have been out there a few years ago, but kept asking if it was still being farmed. :?

Now we are wondering what he is up to. Is he going to be honest and sell it to us or does he have someone in the wings waiting to get it?

No idea of what land like that is worth. Going to quietly talk to a relator I know and find out what it is worth.
Hubby and I talked years ago about trying to possibly buy it and we now have the chance. Hope hubby does agree to it. I'm worried that this guy might sell to someone who will try to sue us into granting an easement and I don't want to deal with another one ever again.

If any of you had this situation and a chance to buy this 40 acres would you?
 
If he makes the offer , in writing....and you accept in writing for an acceptable price you both have agreed upon... go for it!


CASH and FAST.....


Good luck
 
I think your caution is justifiable. It could be that the letter started the thought process and it took this long for the owner to get to this point - but some cautious exploration of his motives seems in order. Something like "So, you have decided to see if we still want to buy it . . ." then watch and listen to his response. In any case, I would feel strongly compelled to own that land if I was in that situation.

We once encountered one easement situation that thankfully was resolved quietly and without incident. We bought a big chunk of land that lay between two main highways and when we bought it, the lawyer did not search back far enough to reveal that an easement ran right across it to the middle of a farm on the other side of the highway. The beneficiary if the easement apparently did not know of his entitlement since the construction of the newer of the two roads years earlier made it unnecessary.

However, when we sold that property a few years later, for some reason the easement came to light. Our lawyer, the same one who did the initial purchase work, managed to close it off without the neighbour becoming any the wiser which was very fortunate because he was generally a prick to deal with.
 
Husband did a little digging last night. No where in the abstract reports is an easement for that land listed.
The grandfather bought the land surrounding it back in the 30's for taxes owed. No easement was granted.

Yeah burnt we are pretty wary right now. FIL never mentioned this guy ever coming out and he passed away in '04, so we can't ask him. He would have told us though.
It was over 20 years ago when the offer to buy the land was sent.

kola not going to rush into it too fast, but if he doesn't call back then we know he was just yanking our chain.
 
All I can say is I wish I would get that same call. A lawer would be called, no matter the time, and payment would commence. If Dad would have done that 25 years ago, I wouldn't be waiting for that call and wondering what open cow or bull they would be putting next to me next. I have 120 acres of creek bottom that is nothing but a steer pasture because I can't trust they won't show up with a bull or some breeding cows.
 
Pasture land in our area is at $250-$300 an acre right now, but due to the fact it is land locked with no easement I was told $100-$175.

Now we are waiting to see if he calls back. Husband told him we would have to think about it. Never expected to hear from him.
 
I Luv Herfrds said:
Pasture land in our area is at $250-$300 an acre right now, but due to the fact it is land locked with no easement I was told $100-$175.

Now we are waiting to see if he calls back. Husband told him we would have to think about it. Never expected to hear from him.
Click to expand...

If the prevailing price for pasture land would buy it, I would not hesitate buying it for even one second. If you try to lowball him because it is landlocked, you could end up paying a heckofalot more than the $6000 or $7000 you could try to save.

The fact that it is landlocked could be a bit of a lever for you, but that knife can cut both ways. That money would look pretty small the first time you need to get a lawyer involved because some ignorant, outsider jerk ended up buying a chunk of ground in the middle of your holdings. Especially if he has more than enough money!

I don't care where you live, those types just seem to pop up at the worst times and make your life miserable. You do not need that at all. I would just go buy it if it is really for sale.
 
If any land comes up for sale....and it touches ANY part of mine....I buy it!


It's like others have said here...you never know who might come in and what trouble they may cause.

Move fast....pay cash....gives them less time to back up on you.
 
I Luv Herfrds said:
Pasture land in our area is at $250-$300 an acre right now, but due to the fact it is land locked with no easement I was told $100-$175.

Now we are waiting to see if he calls back. Husband told him we would have to think about it. Never expected to hear from him.
Click to expand...
Doesn't your state have a provision for those that are landlocked cannot be denied access to their property?
 
That is my concern burnt. I have already told the husband that he could sell to some out of state guy with tons of money who would be taking us to court every time we turn around to get an easement.

You gotta realize the history for my husband concerning buying land. His Dad got into a land deal with his brothers that almost cost them the whole place. Then his Dad blackmailed him into taking over some land an uncle bought and was about to lose. Told my husband that if he didn't buy it he was going to sell the whole place and he wouldn't get it.
Anything to do with buying land sends him into a fit.

I personally wouldn't mind seeing what he wants and see if we can reach an agreement.
Still trying to reach the appraiser I know, he might be out of town right now. I know we can't use him because he is a friend, but he can give us an idea of where to start.
 
I Luv Herfrds said:
That is my concern burnt. I have already told the husband that he could sell to some out of state guy with tons of money who would be taking us to court every time we turn around to get an easement.

You gotta realize the history for my husband concerning buying land. His Dad got into a land deal with his brothers that almost cost them the whole place. Then his Dad blackmailed him into taking over some land an uncle bought and was about to lose. Told my husband that if he didn't buy it he was going to sell the whole place and he wouldn't get it.
Anything to do with buying land sends him into a fit.

I personally wouldn't mind seeing what he wants and see if we can reach an agreement.
Still trying to reach the appraiser I know, he might be out of town right now. I know we can't use him because he is a friend, but he can give us an idea of where to start.
Click to expand...


As long as your disclose your relationship.....and he's not ' blooded kin'....you should be able to use that appraiser without any problem. You'll prob have to get 2 or 3 estimates of value anyway
 
I'd tread carefully. In most States, even if a current easement does not exist, a landlocked landowner will be granted an easement to their property.

Don't be an ash, just pay fair value for the land.
 
ILH - Well a history like that will certainly make it difficult to feel much freedom to make a deal without feeling a lot of angst. Maybe the most immediate task is to talk through (and completely listen) with your husband the bad experience of the past and put it into perspective, if possible. He may not want to.

So, that may or may not not be easy. Can you imagine the amount of stress, fear and anger it must trigger in him just to think about how someone that he should be able to look up to in trust (his father/ other family members) once had him in a nasty headlock and not let go until they got what they wanted?
:shock: :shock: :shock:

But it will be so beneficial to work through it if he is going to be able to move ahead. Otherwise, it will complicate things every time he encounters a situation that brings it to mind again. It can be kinda hard on family life, too. (Experience speaking here :oops: )

Jeepers, I'm stepping into Dr. Mike's territory . . . . :oops:
 
Well burnt he took our taxes in today and talked to our CPA, hubby will listen to him, and the CPA told him to go ahead and see if we can work out a deal with him.
I talked to the hubby tonight and he is going to call the guy back either tomorrow or the next day and make an offer of $200 and see where we can meet in the middle. I really wouldn't like to go over $250, the low end.
Hubby has calmed down about possibly buying this land, so that is a good thing. :D No I didn't push or nag him, doing that makes him mad and life gets unpleasant.

nortexsook we are being very wary of the fact the guy could have had an offer for it and is trying to get us to admit an easement is in place.
 
From what I've seen of Montana pastureland I would'nt get hell bent over 40 acres whats that run for cows 1 or 2 pairs a year.I guess here we pretty much get along if some one needs access to land they normally take the shortest path without much ado over it.Life's too short to go around all reved up over nothing anyhow.Who cares if the guy has a deal in the works make an offer if you want it.If you get outbid then sell them an easement for big money and make them pay ALL fenceing cost to keep your stock out.Good Neighbors are'nt a bad thing.
 

Latest posts

Back
Top