S
SSherii
Guest
What is the name of your state? WISCONSIN
Hello,
We are in the middle of buying some property. It is a 16 ac horse ranch, being split off of a total of 56 acres. The remaining 40 acres is referred to as "Hunting Land". Althoe I do believe it could be built upon.
The agreement was that we would pay 1/2 the survey and choose the land we desired.That land being the 16 acres immediately around the buildings for pasture land. That agreement was verbal. The fact that we pay 1/2 of the survey IS in the written contract.
The owner is also the realtor agent. She and the other owner were in a relationship which is now over. The property is in both of their names. We have found ourselves in the middle of HER battle as she tries to obtain both shares of the monies.The other owner has worked with us and knows of the written and the verbal contracts.
Last week the call came that the surveyers were there. It was then that we were made aware that SHE had changed her mind as to what proerty we recieve.She wanted to give us a large heavily wooded Cliff (approx 4 ac) as part of our property. Needless to say the surveyers went home with no survey.
Within the next few days she came back with another offer... (demand) She now wants an access road onto the remaining 40 acres.
The problem with that is, this access road would be within approx. 40 feet of the house. We wanted to buy this property for the privacy and the facilities.
On the other end of "our" 16 acres is a low lying pasture. We requested she build her road there. She told us that may be considered "wet land" and that she legally could not sell the remaining land without access to it.We have requested she contact the Army Core of Engineers to confirm that no road can be build on the low lying land. They are comming on the 4th of Sept.
My Questions being:
1) If the other owner backs us on the verbal agreement (our choice of land), is it a breach of contract, and is there anything we can do?
2) If the ACOE confirms that no road can be built on the low lying land, and their is NO referrence to an access road Or right of way mentioned in the contact, are we bound to let her put in an access road?
3) Do you know of any law stating that it is illegal to sell land without a road for access? Or do you know where I can look to find law concerning this?
I have written to you before, and you helped me greatly. I'm hoping you can do so again. Thank You for your time Sheri
Hello,
We are in the middle of buying some property. It is a 16 ac horse ranch, being split off of a total of 56 acres. The remaining 40 acres is referred to as "Hunting Land". Althoe I do believe it could be built upon.
The agreement was that we would pay 1/2 the survey and choose the land we desired.That land being the 16 acres immediately around the buildings for pasture land. That agreement was verbal. The fact that we pay 1/2 of the survey IS in the written contract.
The owner is also the realtor agent. She and the other owner were in a relationship which is now over. The property is in both of their names. We have found ourselves in the middle of HER battle as she tries to obtain both shares of the monies.The other owner has worked with us and knows of the written and the verbal contracts.
Last week the call came that the surveyers were there. It was then that we were made aware that SHE had changed her mind as to what proerty we recieve.She wanted to give us a large heavily wooded Cliff (approx 4 ac) as part of our property. Needless to say the surveyers went home with no survey.
Within the next few days she came back with another offer... (demand) She now wants an access road onto the remaining 40 acres.
The problem with that is, this access road would be within approx. 40 feet of the house. We wanted to buy this property for the privacy and the facilities.
On the other end of "our" 16 acres is a low lying pasture. We requested she build her road there. She told us that may be considered "wet land" and that she legally could not sell the remaining land without access to it.We have requested she contact the Army Core of Engineers to confirm that no road can be build on the low lying land. They are comming on the 4th of Sept.
My Questions being:
1) If the other owner backs us on the verbal agreement (our choice of land), is it a breach of contract, and is there anything we can do?
2) If the ACOE confirms that no road can be built on the low lying land, and their is NO referrence to an access road Or right of way mentioned in the contact, are we bound to let her put in an access road?
3) Do you know of any law stating that it is illegal to sell land without a road for access? Or do you know where I can look to find law concerning this?
I have written to you before, and you helped me greatly. I'm hoping you can do so again. Thank You for your time Sheri