cost of surveying land?

[crewguy]

Sole parent wills money and a 100 acre tract of land to her only two children. The will stated that one sibling would get 75 acres and whatever monies that were left after burial and bills were paid. The other sibling would get 25 acres and the home that was on the 100 acre tract. The parent did not state how the land would be divided. Generally does the cost of surveying the land come out of the estate? Do both siblings have to agree on where the new land lines are surveyed?

 

[nextwife]

A new CSM or legal land division will be needed. It probably has to go through the municipal approval process to be divided. Additionally, IF there is an OPEN MORTGAGE, the current lender must also approve any land divsion on their collateral.

You should check with the municipality and or county to determine any codes or requirements that would affect HOW this land can be divided. Also check the title policy, there may be easements, setbacks and other issues that would impact how this land CAN be divided. Legal access is also important, so you don't create a future legal problem. IF there are any further instructions in the will, such as "75 acres, with X amount of BUILDABLE land" you need to also consider if some is scattered wetlands, and cannot be modified, if the seperating land percs, etc.

Are there NO instructions in the will as to the land division costs? Are there OTHER HEIRS?

 

[crewguy]

A new CSM or legal land division will be needed. It probably has to go through the municipal approval process to be divided. Additionally, IF there is an OPEN MORTGAGE, the current lender must also approve any land divsion on their collateral.

There are no leins on the home or property

You should check with the municipality and or county to determine any codes or requirements that would affect HOW this land can be divided. Also check the title policy, there may be easements, setbacks and other issues that would impact how this land CAN be divided. Legal access is also important, so you don't create a future legal problem. IF there are any further instructions in the will, such as "75 acres, with X amount of BUILDABLE land" you need to also consider if some is scattered wetlands, and cannot be modified, if the seperating land percs, etc.

No applicable here.

Are there NO instructions in the will as to the land division costs? Are there OTHER HEIRS?

No instructions whatsoever. Just Mr. X gets 75 acres and Mr. Y gets home and 25 acres. There are no instructions as how the surveyer is paid. It was my assumption that surveying the land ( to split the tract up per the will) would be paid out of the estate money.

 

[Ozark_Sophist]

The estate could pay if there are no other heirs. If there are and they are entitled to inherit from the estate, there could be an issue with money directed to them going to pay for the survey and costs.

 

[crewguy]

The estate could pay if there are no other heirs. If there are and they are entitled to inherit from the estate, there could be an issue with money directed to them going to pay for the survey and costs.

Is it a general practice of having the estate pay the costs? Should Mr. Y (who is getting the house) pay the surveyer? Mr X ( only other sibling) argues that should pay. His reasoning is that a survey would not be needed to show existing boundaries. Mr. Y is getting the house and 1/4 of the land, thus will have to get those lines established. Should Mr. Y just go ahead and pay the fees out of his pocket?

 

[nextwife]

It is NOT one or the other's sole responsibility. To divide land LEGALLY, a process exists that must be followed. Not just a boundary survey, but it is wise to also locate easements, mound systems etc. on the land division, so that they are considered when deciding the most appropriate way to divide. There may also be filing fees, and it may need to go in front of the applicable municipal board for approval. I have been involved in many land divisions, and there are things such as minimum lot size, wetlands or other DNR restrictions, zoning, frontage and existing setback lines and other restrictions that are all considered. Not all acres have equal value, either. And the municipal officials must sign off on the division before it can be recorded.

If these two heirs also have other cash coming to them, perhaps the costs associated with completing the land division can be deducted equally from their other cash inheritance?