Going to HuntTalk for Legal(?) Advice about a Property I own

[Nameless Range]

Yes. Grain of salt. Yes, I should probably talk to a professional. Just wondering if I am even thinking reasonably.

My brother and I own 20 acres of sagebrush with a cabin on it. A family friend has asked if she can put a 12 x 14 shed on a corner of it to store some gear and a cot for the times she is down in that neck of the woods. We have no problem with this. We are there a handful of times a year, and she is salt of the earth. We don't want anything for her ability to do this. Just want to let her.

My question: She is 75, and has said that we can keep the shed when she departs mother earth. I don’t care one bit about the shed, but what I am wondering is whether or not we are setting some sort of precedent for her heirs to utilize my parcel as well? I don’t care if when she passes, they come take the shed, though she stated clearly we can keep it. I am just not familiar enough with land law and use and such to know if I need to have something written up, if this is unwise, or if a handshake deal is just fine. No need to worry about and CC & Rs.


*Annotated Gander looking down into that country, just cause*

 

[MtnElk]

dang, thats a pretty view. Might it be as simple as having a written rental agreement with her for $0 that expires at her passing. that way, the agreement is tied to her and would be easy to enforce? (not a lawyer for what its worth)

 

[MThuntr]

I'd want something in writing specifying the terms. I think MtnElk is onto something with a rental agreement where it grants only her use and does not guarantee access to any heirs. You'll also need to spell out a way to break the agreement if things get sideways (not that it would be utilized but you need an out if necessary). Gone are the days of a handshake.

 

[MtnElk]

To take it further, you could have her direct heirs witness the agreement (assuming they are all local and there are not a ton of them)... that way there is also record of them understanding they have no claim

 

[Salmonchaser]

Great View, you buy the shed, rent it to her for a buck a month. Free legal advice is worth exactly what you pay for it. We did the same thing at our place in Alaska. Friends of Friends started showing up, not the fault of our original agreement but others new of the arrangement. We however had a hunch it could go sideways, always trust your gut.
Also reminded of: Nice guys finish last and no good deed goes unpunished.

 

[pabearhunter]

Put it on paper and seal the deal with a one dollar bill for payment. Maybe have it notarized.

 

[gouch]

I'm no expert but I would think that if the shed is not a permanent structure, it would be no different than letting her temporarily store an old boat on the property. If it is a legal permanent structure owned by her then all bets are off.

 

[mdhunter]

In writing for sure.

The old saying is “no good deed goes unpunished”, lol.

 

[LuketheDog]

Put it on paper and seal the deal with a one dollar bill for payment. Maybe have it notarized.

Yes. Grain of salt. Yes, I should probably talk to a professional. Just wondering if I am even thinking reasonably.

My brother and I own 20 acres of sagebrush with a cabin on it. A family friend has asked if she can put a 12 x 14 shed on a corner of it to store some gear and a cot for the times she is down in that neck of the woods. We have no problem with this. We are there a handful of times a year, and she is salt of the earth. We don't want anything for her ability to do this. Just want to let her.

My question: She is 75, and has said that we can keep the shed when she departs mother earth. I don’t care one bit about the shed, but what I am wondering is whether or not we are setting some sort of precedent for her heirs to utilize my parcel as well? I don’t care if when she passes, they come take the shed, though she stated clearly we can keep it. I am just not familiar enough with land law and use and such to know if I need to have something written up, if this is unwise, or if a handshake deal is just fine. No need to worry about and CC & Rs.


*Annotated Gander looking down into that country, just cause*

View attachment 275139

Put it on paper-who gets access, who maintains it, what gets stored inside or outside the shed, who gets the shed when she's gone. She may be a wonderful person, but her kids/grandkids/friends/boyfriend may not be...

That's a beautiful place!

 

[howl]

You know there are forums and reddits where actual lawyers give advice as advertisement for their services, right? Also, all this is probably laid out in the county code.

Anyhow, most places once a structure is affixed to the land, it becomes part of it. If she puts a shed and sinks a post to erect it, then it is part of the property. Yours. If it is moveable, then it is hers to take away. And thereby probably heirs'. Seems to me affixing it to the land is the easier way because you don't have to bother with someone coming to get it for their new meth lab.

I'd offer a recreational camping lease for a dollar with stated conditions and time period. Have it witnessed by a third party. I'm not a lawyer nor have any expertise in real estate.

 

[Straight Arrow]

The wording "some gear and a cot" sounds as though she merely wants to camp there while "down in that neck of the woods". So keep a cot somewhere under cover and she can bring the other camping "gear" when she visits ... that's what most of us do when camping. If it's a building with shelter from the elements she desires, then work out a deal to allow her to use your cabin.

Otherwise, I would advise against cluttering that beautiful spot with a "shed" that could become something you did not even imagine would be built and then would be stuck with.

 

[Gravelyctry]

Let her gift you the money (I'm assuming it will be under $17k, which is the 2023 annual exclusion for IRS reporting for gift).

Then you build it for her, but it would be yours.

Also, I am not a lawyer, but I would think this scenario puts you in charge of everything and does not provide any basis for heirs or others to use or make claims.

Best of luck.

 

[Johnny Bravo]

If she gets hurt on your property the family might come after you no matter what you have in writing. I would just say no and call it a day.

 

[Addicting]

Put it on paper-who gets access, who maintains it, what gets stored inside or outside the shed, who gets the shed when she's gone. She may be a wonderful person, but her kids/grandkids/friends/boyfriend may not be...

That's a beautiful place!

This, her estate own the shed no matter what the verbal agreement was. Her heirs can cause a stink to get it.

 

[Gr8bawana]

dang, thats a pretty view. Might it be as simple as having a written rental agreement with her for $0 that expires at her passing. that way, the agreement is tied to her and would be easy to enforce? (not a lawyer for what its worth)

I would also make sure there is no way her heirs could find a way to say she homesteaded the the piece of property around the shed and try to claim it.

 

[brymoore]

I’m just here for the bad legal advice.

 

[Southern Elk]

You need to talk to a Montana attorney.

 

[Nutrioso]

i would use a standard lease form, for a fixed number of years, but terminable by either party on reasonable notice. The lease should provide all improvements revert to the lessor upon termination. The biggest headache you will have then is handling whatever personal property remains on site after termination. Most states have procedures for that if her heirs won’t come retrieve the stuff.

 

[MT Super Puncher]

Hire a lawyer. It'll cost you money up front, but it could save you a significant amount of money down the road in the event things go sideways.

 

[buckbull]

I'd say he'll no. Property can be a real pain when you are actually making money on it. No way I'd put up with the aggravation for free or more likely costing you money. Every family has a black sheep, do you want to deal with her drugged out grandson that starts using the place? That's exactly what happened in my situation. So it can happen no matter how good grandma is.