What is the name of your state?Ohio
COMPLEX!
My wife and I undertook purchasing a residential lot, call it Lot 6. Our plan was to then purchase land to the rear of part of Lot 6, and to build our home ont the rear land, using only Lot 6 for our driveway and for sewer service to the rear land.
In the process, a neighbor became aware of our interest in Lot 6, and stated that he & his wife were interested in purchasing Lot 7, and building on it. Therefore, would we be willing to split Lot 6 with him. We planned on using only half of Lot 6 for access to our site, so we agreed, verbally, to split Lot 6 with him. He stipluated that he did not want ANYONE to know of his plan to buy Lot 7, nor a part of Lot 6. We agreed to honor his request to keep his involvement confidential. In addition, we chose NOT to disclose to him our plan to buy the rear land which abutted only our half of Lot 6.
There was never a written agreement drawn up for this matter, only a verbal understanding.
We accepted a business check from him for his portion. He was told to make the check out to my wife ONLY, as Lot 6 would be titled in her name. He did so. Our plan was to deed him his half once he acquired Lot 7, and replat his half into Lot 7. His half of Lot 6 cannot be deeded to him becasuse it is too small a parcel to be given an independent deed, per township zoning laws.
He has not yet purchased Lot 7. He requested to be informed when we got the real-estate tax bill, and he would forward us his half of that cost, until he took deed for his half.
After purchasing Lot 6 in solely my wife's name, we then acquired the rear land, and because it is land locked, replatted the rear land into Lot 6. Sewer access, which we need and he does not (there is a separate sewer line on Lot 7) enters Lot 6 on his half of the frontage. Because of the irregular shape to Lots 6 & 7, it is arguable that a more beneficial 50/50 split of Lot 6 would be to deed him less frontage and a larger rearward portion of Lot 6. However, he combatively insisted on an equal frontage split. We agreed, and have left his pending half of Lot 6 untouched. The sewer for Lot 6 enters thru his half of the frontage, cutting across the front corner about 12-15 feet.
Given this, and his combative nature, when we dug for the sewer connection, I telephoned him from the site and asked if he wanted to come to the site and work out how he wanted to handle the sewer access. He replied "you need that for your new home. Go ahead and connect." We did. Our construction is proceeding.
He now wants the verbal agreement in writing. Moreover, he wants to divide Lot 6 such that he receives MORE than half, with no additional payment. He also wants to stipluate on which side of our driveway we erect our mailbox. He still does not own Lot 7.
We are willing to honor our initial verbal agreement, including his stipulation of how the frontage is divided, but we obviously want to retain an easement on his half for the needed sewer.
Because he disagrees with this, and wants more than half, he has filed a CRIMINAL COMPLAINT of THEFT against my wife, (the property is solely in her name), alleging that he was to be named as a joint owner of Lot 6. Remember, he wanted to be kept confidential, made out the check to her solely, and seemingly acknowledged that this arrangement was aceptable to him by his discussion of reimbursing us for the real-estate taxes until such time as he acquired Lot 7 & then could take title to his half thru merging it into Lot 7.
Arguably, he may have a reason for launching a CIVIL action (I believe we will prevail for a number of reasons), but to have filed a CRIMINAL COMPLAINT is both misguided and malicious. The police have informed him that this is NOT a criminal matter, but a report has been filed and is now a matter of public record.
Does my wife have a case for DEFAMATION OF CHARACHTER against this charachter?
COMPLEX!
My wife and I undertook purchasing a residential lot, call it Lot 6. Our plan was to then purchase land to the rear of part of Lot 6, and to build our home ont the rear land, using only Lot 6 for our driveway and for sewer service to the rear land.
In the process, a neighbor became aware of our interest in Lot 6, and stated that he & his wife were interested in purchasing Lot 7, and building on it. Therefore, would we be willing to split Lot 6 with him. We planned on using only half of Lot 6 for access to our site, so we agreed, verbally, to split Lot 6 with him. He stipluated that he did not want ANYONE to know of his plan to buy Lot 7, nor a part of Lot 6. We agreed to honor his request to keep his involvement confidential. In addition, we chose NOT to disclose to him our plan to buy the rear land which abutted only our half of Lot 6.
There was never a written agreement drawn up for this matter, only a verbal understanding.
We accepted a business check from him for his portion. He was told to make the check out to my wife ONLY, as Lot 6 would be titled in her name. He did so. Our plan was to deed him his half once he acquired Lot 7, and replat his half into Lot 7. His half of Lot 6 cannot be deeded to him becasuse it is too small a parcel to be given an independent deed, per township zoning laws.
He has not yet purchased Lot 7. He requested to be informed when we got the real-estate tax bill, and he would forward us his half of that cost, until he took deed for his half.
After purchasing Lot 6 in solely my wife's name, we then acquired the rear land, and because it is land locked, replatted the rear land into Lot 6. Sewer access, which we need and he does not (there is a separate sewer line on Lot 7) enters Lot 6 on his half of the frontage. Because of the irregular shape to Lots 6 & 7, it is arguable that a more beneficial 50/50 split of Lot 6 would be to deed him less frontage and a larger rearward portion of Lot 6. However, he combatively insisted on an equal frontage split. We agreed, and have left his pending half of Lot 6 untouched. The sewer for Lot 6 enters thru his half of the frontage, cutting across the front corner about 12-15 feet.
Given this, and his combative nature, when we dug for the sewer connection, I telephoned him from the site and asked if he wanted to come to the site and work out how he wanted to handle the sewer access. He replied "you need that for your new home. Go ahead and connect." We did. Our construction is proceeding.
He now wants the verbal agreement in writing. Moreover, he wants to divide Lot 6 such that he receives MORE than half, with no additional payment. He also wants to stipluate on which side of our driveway we erect our mailbox. He still does not own Lot 7.
We are willing to honor our initial verbal agreement, including his stipulation of how the frontage is divided, but we obviously want to retain an easement on his half for the needed sewer.
Because he disagrees with this, and wants more than half, he has filed a CRIMINAL COMPLAINT of THEFT against my wife, (the property is solely in her name), alleging that he was to be named as a joint owner of Lot 6. Remember, he wanted to be kept confidential, made out the check to her solely, and seemingly acknowledged that this arrangement was aceptable to him by his discussion of reimbursing us for the real-estate taxes until such time as he acquired Lot 7 & then could take title to his half thru merging it into Lot 7.
Arguably, he may have a reason for launching a CIVIL action (I believe we will prevail for a number of reasons), but to have filed a CRIMINAL COMPLAINT is both misguided and malicious. The police have informed him that this is NOT a criminal matter, but a report has been filed and is now a matter of public record.
Does my wife have a case for DEFAMATION OF CHARACHTER against this charachter?
