Brother and I own land but don’t get along. I have kids and he doesn’t. Is there a way he can have guaranteed rights to use/own it for 10 years and then it absolutely goes to my kids or me?

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Brother and I own land but don’t get along. I have kids and he doesn’t. Is there a way he can have guaranteed rights to use/own it for 10 years and then it absolutely goes to my kids or me?

We are in our 50s, and have a small amount of land with a pond, older cabin and woods on it. We can’t seem to agree on a way to both own it and get along. My main interest is my kids getting it without him in the picture at all. Is there a way that he could have guaranteed exclusive rights to it for the next 10 years and then it goes to me or my kids? Our only other way seems to be to sell it and go our separate ways.

Asked on August 26, 2019 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no way to force the outcome you want: it is something the two of you could agree to and, if you do, put in place with a contract that you will give him uninterrupted use for ten years, after which he will quitclaim it to you. But he has to agree voluntarily. If you and he can't work it out, the best you can do is to force the sale, split the proceeds, and go your separate ways.


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