Commercial land use problem...?!?

[TheMan419]

Yeah for the free work they are doing it is not worth it. Are they talking about paying rent? I think it would just make selling the place difficult.

 

[airbiscuit]

Thanks to everyone for your great advice.
I just talked with my Mom and think I'll leave well enough alone. She'll soon be 94 and lived there 80 years so far.
I'll talk to the business owner explaining for now she wants things as is. If her drive needs snow plowing or fields bush hogged we expect to pay. What's bad is their lot creates problems with heavy rain, driveway washout.
The lake mentioned by oosik we went through that when grandfather had his lake put in in 1954. Give people an inch, they take a mile. The last straw was me walking out the lake beside dock and had a terrific pain in my foot, then seeing the bottom of a drink bottle on bottom of my foot.
Sometimes at the picnic area a whole family would be using it we didn't even know!

I think that's a good plan. If they're a good neighbor, they will still grade the driveway and clear a little snow. If they don't"

• Twenty miles isn't too far to drive a tractor to fix the drive or mow fields (1 1/2 hour drive)
• Pay someone to remove snow, or buy a decent snowblower (walk behind, garden tractor, or SCUT) or ATV with plow
• Go to the implement dealer and ask to test drive a tractor and back blade - do your work and bring in back
• If they get huffy, offer an annual contract to their competitor for a nice billboard (maybe in return for driveway grading snow removal, etc,)

Just kidding about the last two

 

[rademamj1]

Just say "no access is allowed" to the business owner next door. Don't complicate your land and life by giving them or anybody else access. No amount of rental payments could fully compensate you if anything went wrong.

Can you imagine the potential injury lawsuit you may get, if a prospective customer falls off any tractor equipment on display with resultant injury on your property. Your still liable as it's your property.

 

[oosik]

JMHO - I think you made the correct decision. And have avoided future problems. An added note here. Since the local planning commission has classified all my 80 acres as residential - my taxes have skyrocketed. Money grubbing buggers........ No mind that all the surrounding land for miles is zoned agricultural.

I wonder - would the zoning on your mothers land have allowed for that small piece to be used as commercial property?

 

[user.69169]

Maybe you need learn up on agricultural laws and opinions from State office Real Property Services.

Local Towns real cute wid de zoning game till dey get caught. State Ag people generally most helpful setting dat straight.

 

[ultrarunner]

Always good topics that provide food for thought... especially when elders get up in age...

The backyard of both mom's home and my home is a lot mom and dad bought 50 years ago so as to not loose the existing but not then owned area and more important to preserve a phenomenal view.

Been trying to buy it for years and always told it's mine but reality is it will be part of the estate...

Should have made the deal 25 years ago when the folks suggested it...

Strong believer in proper documentation can avoid many later problems.

I have seen several life estate transactions that also saved some in taxes...

 

[buck12]

Always good topics that provide food for thought... especially when elders get up in age...

The backyard of both mom's home and my home is a lot mom and dad bought 50 years ago so as to not loose the existing but not then owned area and more important to preserve a phenomenal view.

Been trying to buy it for years and always told it's mine but reality is it will be part of the estate...

Should have made the deal 25 years ago when the folks suggested it...

Strong believer in proper documentation can avoid many later problems.

I have seen several life estate transactions that also saved some in taxes...

Land deals especially those with family tend to get complicated.

 

[ultrarunner]

Land deals especially those with family tend to get complicated.

Yep... might just let it go altogether.

Last time this came up I was told when we sell the land we will make sure you have an easement to continue using it...

 

[oosik]

Family ......... The folks closest can sure get weird ideas. My father was killed in an auto accident along with four of his friends. But, that's another story. My father/mother owned many tracts of land - specifically around lakes here in Ea WA state. So my Mom gave me this 80 acre tract and my sister got another beautiful piece of land on a different lake. I held on to this land and when the time was right - we moved down from AK and built on this land. And this is where I've been for the last 40 years.

My sister up and sold her land about two years after it was given to her. Now she refuses to speak to me. I didn't give her my 80 acres in my will. I left this 80 to my son.

Everybody has attempted to explain this to her. She refuses to listen. So be it ............... family. I'm so glad that neither my Mom nor Pop lived to see this.

Where did my sister get these wild ideas. She was a paralegal and worked for attorneys. Need I say more ..............

 

[Oaktree]

The new owner wants use of Mom's property, maybe 1/2 acre road front section. He would cut trees, grind stumps, and stone it, using it for more equipment display.
I'm not in favor of it. If I say no I doubt there would be any more road grading or snow removal. I'm 20m away and no trailer.
Guy said he would even have his lawyer or pay my lawyer to draw up a contract.

You don't say how much land your mother owns, maybe you could subdivide a half acre piece and sell it to the dealer? Once it's his, it's on him to get it zoned commercial.

Even if you have to pay to have your mother's driveway plowed do you get enough snow in southern Va. that it'll be a major expense?