Best way to divide land

[hunterridgefarm]

Wayne

Seems like you must have a way to get a right-of-way again I am curious on just how this happens in NC? Here in NH it is a bit different. Most courts will not provide easements over private property. Results is purchase of the right-of-ways.
Wayne, we may have to purchase. The person we are trying to get the R-O-Way from may also have to pay us. There is a history here and can't really go into while in court. But will post when its all said and done.


"I would suggest cutting the timber to enhance the growth, but not to pay off the cost of the land. When I did it by the time I paid the timber"

This is a consideration but at this time we have the land in a " 3 year conservation thing" to not cut timber. Gives a good tax break.

 

[MrJimi]

Jim,

I use the Google Earth and have a 2.5' x 4' photo of the property.
Thank for the thought!

Thats great, I know that aerial photography is very expensive, I do it in the southeast, and I did it in Maine when we lived there 27 years ago. Thanks for the reply
And I thought that a piece of land could NOT be land locked?
Jim

 

[moeh1]

Bird had the answer, but if that isn't an option, you may want to talk with a real forester about the condition/age/current and future value of the timber. Here in New York, we have a volunteer program with Cornell-educated Master Foresters who will pay a free visit and discuss this in the context of what you want to achieve form the property. In our weather if trees go past prime, the value plummets, might leave you worse off than selling some timber and paying for all the splitting of the property?

 

[hunterridgefarm]

Marty,

Good info, I'll check on that.

thanks

 

[EddieWalker]

Listen to Bird.

You are already concerened with monetery values, which indicates this is an important aspect to those involved. I'm guessing that there will be some bad blood down the road if one gets a part that isn't worth as much as another.

Don't even mess around with it. You will spend thousands and thousands of dollars to try and be fair, and somebody will think they are getting the short end.

Sell the whole thing and devide the cash. Walk away from it and start your own land on your own terms without anybody else to deal with. When you want to pass it down to your kids, you do so on your terms.

Just imagine how much more complicated the right of way issue will get when one of the landowners starts bringing in heavy equipement on a rainy day and ruts up the road real bad. They are doing this every day, so they won't fix it, but you and the others will have to live with it. Then the person whe was responsible for the damage decides it's too much money to fix and since all of you drive the road anyway, maybe you should all pitch in too.

It's just a headache that will only get worse over time. Even if your wife and BIL are the best of friends, the kids will complicate it, and when they get married, there spouses will make it even worse.

Walk away with cash in your pocket and buy what's best for you and your family. If the brother wants it all, let him buy you out.

Eddie

 

[CurlyDave]

The land needs to be divided equally in acreage and as close as possible in timber value.

Anyone go through this before or have any thoughts on best way to do this?

Thanks

If the land itself absolutely must be divided, the very best way to do it is for one party to lay out two parcels, and the other party chooses which one they want. Put a time limit of say 6 months to divide and 6 months to make a choice. Get everything in writing.

In order to avoid future problems, I would suggest selling the parcel you get and investing the money somewhere else, other land if you want. That way there is no chance for a side-by-side comparison and future recriminations.

 

[BruceR]

Curly Dave is on the right track. I see this here all the time. Usually a tract is passed on with several heirs having an undivided interest and then only one or two wind up paying the taxes. The tax payers wind up taking it to court for division and a Board of Comissioners is court appointed to appraise and divide the land. The heirs then draw lots to who gets which.

It will be next to impossible to divide by equal acreage and equal value. Usually one or the other. Probably ought to go ahead and take your B-I-L off your Christmas card list.

Bruce

 

[MossRoad]

If the land itself absolutely must be divided, the very best way to do it is for one party to lay out two parcels, and the other party chooses which one they want. Put a time limit of say 6 months to divide and 6 months to make a choice. Get everything in writing.

In order to avoid future problems, I would suggest selling the parcel you get and investing the money somewhere else, other land if you want. That way there is no chance for a side-by-side comparison and future recriminations.

You are my hero! That is a great suggestion. That way, whoever draws the lines will be sure to make both halves have the same value, number of water features, views, hills, valleys, medows, etc... Once that person is satisfied that he will be happy with either parcel, all should be well. Fantastic solution. However, some folks refuse to be happy, no matter how fair of a deal they are getting.

Anyhow, it is best to divide it between all parties involved and get it settled as soon as possible so it doesn't drag on for years and years. If no agreement can be reached, sell the entire place.

 

[MadReferee]

When I did it by the time I paid the timber tax, forester, logger and haulers I didn't make any money off from the deal. I did end up with a bunch of tops all over the place.

Sounds like you got ripped off by the logger and hauler. Every town in NH has a designated forest officer or whatever he is called. The town will not issue a cutting permit until the amount of cutting has been determined. Six years ago I had 8 of my 10 acres logged off. Lots of good timber. They even chipped up the tops and branches that the power plant wouldn't take. I ended up with about $22k before timber taxes and after exemptions I netted well over $20k. I am sure the logger and hauler made out ok too. If you had good pine or good hardwoods you should have made out quite well. However, it looks like the logger and hauler took you for a ride.

Sorry for the topic diversion. Now back to the original post.

 

[MarkV]

Hunterridgefarm, I would think that finding the timber value should not be that hard or costly. Here in Georgia we have had a state forester out several times to discuss our woodland management. They pulled up aerial maps of the property showing the different timber stands and provided a written report with suggestions for long term management. Part of their plan was to log several areas and they had a list of buyers that could be contacted. The buyers would send their forester out to “cruise” the stands and provide you with an offer for the timber. We did this and there was no cost involved. Of course timber is a daily changing commodity so prices would change with time. It would give a current value and help define which parts of the property had the more valuable stands of timber.

MarkV