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Moving onto someone elses property.

EWomEWom Registered User regular
edited June 2009 in Help / Advice Forum
So my mother in law has a bit of property that developers have been trying to get from her, though she's refusing to sell.

However it came up that she wants me and my wife, her daughter, to move onto one the plots of land, that is already designated to have housing on it (IIRC it's a 4 acre plot), and have a house built or a modular moved in or whatever.

What legalese bullshit do we have to jump through to actually accomplish this. Does the property have to pass from her to us, or do we just have to pay to live on it, like you would a plot rent anywhere else for a trailer/modular ? I assume the government wouldn't look to kindly on people living on taxable land for free! Without having something to tax (for example, the extra income said mother would be getting for the plot fee).

If we do have to pay a plot rent, does it have to be FMV? Or can we say, pay 100$ a month for the plot rent, even though FMV would probably something more like 1000$ at least. Would it make any difference that part of the agreement is that we help with her property as well. Mowing, feeding the cows/horses, etc?

If my wife and I do this, eventually we will want to buy the land from her, though if we can get away with not buying it out right, we'd prefer to do it that way. Basically so that if she kicks off, someone can't come and take the house from us and or the siblings don't say "fuck that we want to sell her whole estate, move off it now!


Curious if anyone has any experience or knowledge in this area.

Whether they find a life there or not, I think Jupiter should be called an enemy planet.
EWom on

Posts

  • Penguin_OtakuPenguin_Otaku Registered User regular
    edited June 2009
    Well, I would assume your wife is her only offspring in which case couldn't she will the land to your wife and then no one could mess with you in that regard?

    Penguin_Otaku on
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  • EWomEWom Registered User regular
    edited June 2009
    No there are other children. None of them have shown an interest when their mother said she wants to let her kids move onto her lots. They all are just doing their own thing.

    EWom on
    Whether they find a life there or not, I think Jupiter should be called an enemy planet.
  • supabeastsupabeast Registered User regular
    edited June 2009
    You need to talk with a local account or lawyer who can determine how to address this both in terms of local and federal estate and tax laws.

    supabeast on
  • DjeetDjeet Registered User regular
    edited June 2009
    Assuming she has clear ownership of the land, just draw up a rental agreement between you two and her. In it put the terms you've both agreed upon (term, rent, etc.) and responsibilities expected of you (lawn and livestock care). This protects both you and her. Things can get complicated tax-wise for her if she garners more than a few thousand in rental income from it, or for you if you're essentially receiving a huge gift every year in the form of low rent.

    My only concern would be her reasons for wanting you to move onto the property. If she's just trying to help you out then great, but if ownership or titling is in question and she wants to put a sympathetic resident there for reasons other than that then I'd be concerned about setting up my residency there. I wouldn't jump to this issue except that there appears to be some issues between her and some "developers" indicated in the OP.

    Djeet on
  • EggyToastEggyToast Jersey CityRegistered User regular
    edited June 2009
    It's very likely that the mother is already paying property taxes on the land. It's hers, so she can do what she wants -- she just needs to get it OK'd through the city/county, whether that's building a structure or getting it set up for utilities for a mobile home or whatever.

    If she passes it on to you guys as a gift, then you have to have the land assessed, pay taxes on the gift (most likely), and then YOU pay the property tax, utility setup, building permits, whatever.

    There's nothing sketchy about what you're doing, you guys just need to do it all through the city/county since the land is currently undeveloped.

    EggyToast on
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  • desdinovadesdinova Registered User regular
    edited June 2009
    move off it now!
    There's nothing stopping her from saying that to you once you've got a dwelling up on the property. Is the property really her's or is it the bank's? There's ways you could transfer the ownership/mortgage to you and your wife that would save everyone money. Anyway you slice it, you should be extremely hesitant about putting any money into land that isn't yours.
    Talk to a realty lawyer. Talk to a realty lawyer. Talk to a realty lawyer.

    desdinova on
    wat
  • MrMonroeMrMonroe passed out on the floor nowRegistered User regular
    edited June 2009
    I can only say one thing, but I can't stress it enough:

    don't build anything there unless you buy the lot

    MrMonroe on
  • EWomEWom Registered User regular
    edited June 2009
    Yeah the property is actually hers, it's been completely paid off for awhile now.

    And as for the developers, they are pretty much trying to buy out everyones property in the area, and subdivide it. It's a nice rural area, with on average one home per 10acres, and the developers around want to turn it into tiny lots with no yards, as they have done all over the country side here. It's really quite sad.

    My wife and I had a long talk about this, and we're unsure whether we want to pursue it, or just try and find a place in town.

    EWom on
    Whether they find a life there or not, I think Jupiter should be called an enemy planet.
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