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My sister and i were gifted my fathers farm about 2yrs ago can i keep her husband from hunting on it?

Markesan, WI |

Markesan wis. Greenlake county

Attorney Answers 3

Posted

Ignoring social considerations, you could potentially move to partition the farm and either have the property divided such that you sister gets half the farm and you get half (by value) or you could demand that she buy you out or offer to buy her out or force a sale of the property. If you have no social problem with doing something like that, see a local real estate attorney about the costs of moving forward with any one of these options. Good luck.

Please mark answers you appreciate with positive feedback!<p><a href="http://www.msm-law.com/nicholaspasse.html">Attorney Nicholas J. Passe</a><p><l>Disclaimer: Per the avvo.com community guidelines, no attorney/client relationship is created by the asking or answering of questions on this web site, nor do the answers constitute legal advice. Always hire an attorney before making any important legal decisions. Posting details of a case on avvo.com may be subject to discovery in criminal or civil litigation, so erring on the side of nondisclosure is wise.<p><a href="http://www.msm-law.com">Moen Sheehan Meyer, Ltd.</a>

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Maxwell Charles Livingston

Maxwell Charles Livingston

Posted

Good response.

Posted

I agree that partitioning the land is a good idea. Also, there are other factors, like what the platt's zoning allows. Certainly, you can't hunt on every platt of land. It's more likely to be allowed on farming land than on certain residential lands, but it does depend on zoning. Also, does the deed place any restrictions on use? Or, are there any encumbrances that prevent him from using the land in this way?

I would love to help you answer these questions, to decide what the best course of action would be.

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Posted

While partitioning may be a possibility (the presumption is for a physical split of the property, not a sale of the property), the first consideration is how you and your sister own the property. Whether you are tenants in common, joint tenants, unequal ownership basis, etc., will significantly impact what you can and what you should do.

You should hire a lawyer to help you understand the situation and provide you with options that are available.

The foregoing is intended to merely provide additional information to the individual posting the question and to anyone reading the question and/or answers provided. There is no specific legal advice provided. Specific advice cannot be given without first forming an attorney/client relationship. This informational answer is not legal advice, and should not be relied on, since it is impossible to appropriately evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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