Bon Homme County, South Dakota | Ok here goes. If it's confusing.. I know.
Currently rent 200 acres of this involved piece of property. Its a quarter and a 40, close, but different sections. Each piece is legally divided, a brother and a sister each own half of each piece. 80 acres of the quarter each, and 20 acres of the 40 each. We write 2 checks, each gets one for rent, always the same for each. Everyone's happy.
Brother dies. Sister still wants us to farm it, same dollar amount, her half. Tricky part here, Each field has only one access point, and it's through the sisters part. You literally would have to build 2 bridges to access the brother's fields to not go through the sisters.
Dead brother left his share to his only son, and his wife. Second marriage, not the son's mom. Son wants us to farm it as well, same dollar for cash rent. The wife wants us to farm it, but wants another 50 dollars an acre. She wants to sell her share to the son, but wants a ridiculous dollar that would never happen in our area. Anyways, she goes to a lawyer, draws up a contract for this dollar, and says please sign the lease. Both the wife and son are co-executors.
Here's where it gets fun. The lease was ridiculous. Some of the terms were: evicted on October 1st, can't touch property after that, regardless if the crop is present. Landowner can drive into field at any time, cause any damage, and doesn't have to pay a thing. Son was completely against signing the lease, says its ridiculous, and wants to keep the oral lease.
Anyways, Sept 1st comes, at about 7PM, get a knock on the door. Sherriff is delivering the official termination notification of the oral lease we had with the estate, and gives us a copy of the lease and says please return to the law office and sign. The notification letter says both the wife and son want it terminated, and the new lease has a spot for both of their signatures. I called the son, asked him if this is what he wants, and he loses his crap..says I didn't say any of that, I don't want the end the oral lease..etc. Basically apologizes for what his mother in law is doing.
He's getting his own attorney to handle using his name without his permission.
Questions I have: how does it work when there are two co-executors in the estate who don't agree? Who gets their way? The son to keep the same cash rent? The mother who terminated the oral ease and wants 50 dollars more an acre with the ridiculous terms? What would you guys do? Especially considering the wife hopefully asks a reasonable price for the land and the son buys it out. And the fact that the only access point is through the sisters land?
I should mention the sister and the son get along great. Thanks for any advice. I know that was confusing. Feel free to ask questions.
Edited by Jake081 9/4/2015 20:06
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I couldn't make up this Landlord story if I tried..
