I think our lawyer was reasonable to pass this along, since it contained somewhat of an apology. She said she knew we had said no more negotiation but just in case there was any hope of an agreement she would pass it along.
I note he says it was his clients who suggested they should be able to buy the land for the $5000. I think between the clients and the lawyer they have pretty much exhausted any goodwill with which you responded to their request. It’s not like you were the ones initiating the proposal. Or even that you really wanted to do it.
Ack autocorrect in post # 79. (note to self- no more posting from the phone). It should say, as @HImom also just said, that any further correspondence will be CONSTRUED as harassment.
They expect you to DEED the easement to them for $5k? What turnip truck did they think you just fell off of? Sorry, but its time to tell your DH to grow a pair and tell them to go pound sand.
Agree with @swimcatsmom - this is in bad faith. They are taking advantage of you (or trying to) and you have NOTHING to gain, everything to lose. Please, for your present and future sanity, go have a glass of wine and a good laugh.
The main problem I have with the letter is the disingenuousness. The writer says, in essence, why should my clients pay for something they already bought? But, plainly, the clients did not already buy the subdivision rights they are trying to buy right now. If they had, there would be no need to write the letter; the clients could proceed with their subdivision, since they would already have all the rights they need.
“My clients want this right very much and you should give it to them for free” is not an argument I find persuasive.
I agree that you should stick to your guns - and your husband as well. Nobody who has posted on this thread thinks that dealing with your neighbor on this is a good idea for you at all. If I was you, it would take a huge multiple of what you’ve been offered to even consider it, like at least 10x that amount. Just say no. And take your time doing so. Let that pissant lawyer squirm awhile waiting to hear back.
Why drag it out? They may try to use it to claim you were considering their offer, or there was some implied consent (its all baloney, but. these clowns aren’t playing fair). I’d close the door quickly. Tell them the matter is closed, and do not respond further or it will be considered harassment. Over. Done. Plus, you don’t want your DH to mull it over. Its done.
Consolation, I not only remember the earlier lawyer thread, I remember the original one about the proposed property division. It was never clear to me exactly what kind of new boundaries you were describing, but I assume your neighbor has no street frontage and that’s why there is a right of way through your property. The neighbor is landlocked. Is that correct? If so, do you have enough acreage/ street frontage to build in front of neighbor? Just curious.
I would not agree to this proposal because the building process will be an unnecessary aggravation to you, and it will inevitably negatively impact your property value. You might be generously helping out their family, but you are taking money out of your own son’s pocket, one way or another, if he is your eventual heir.
Under certain circumstances, I might offer to sell them some property. If I had enough acreage not to miss it, I might offer to sell the land containing the ROW, (which I’m imagining to be a strip of land through your property) and the land on the other side of ROW away from your home. But this may not make sense as I don’t understand your boundaries.
I’ve bought a few acres adjoining my land from neighbors. When they approached me, I said “absolutely I would love to buy it but don’t know if I can afford it” I hired an extremely well respected local realtor to do an appraisal and that was my offer. It was less than the sellers had imagined but way more than other neighbors thought it was worth, since they wanted to buy it for less.
It doesn’t sound like the neighbors want to buy land from you, and I know you don’t want to spend any more money on this… but if you get into selling the easement, or any land, I really think you need an appraisal.
jmho
adding…
I am making a point not to buy land containing right of way roads to landlocked homes/properties. It’s too much potential headache for me. I buy right up to the road. This is why I’m asking about you selling yourself out of this situation.
Good luck… I know you don’t need the annoyance and aggravation.
Generally, to be effective and have a good chance at coming to a mutually agreeable resolution, negotiations have to occur between two reasonable parties who are acting in good faith. Both understand the issues all are facing and both are willing to compromise to gain for the greater good.
From the attorney’s letter, it does not appear that your neighbors recognize or acknowledge the issues and compromises this increased right of access causes you. From construction noise and blockage to increased traffic to potentially expensive and invasive municipal requirements to widen, pave and light the access road, you are being asked to swallow or ignore some fairly large issues that also decrease your property value. If they cannot or will not even acknowledge those are issues, then it’s really not possible to negotiate or deal in good faith.
As the wife of a developer I also vote no. Do you really want a full year of noise, mess, and disruption? Aside from this, depending on the proximity of the new house to yours it’s likely the value of your property would drop and that when it came time to sell your home it would be harder to do so.
Just have your attorney send a “My clients are no longer interested in considering any offers. This decision is final.” letter and ignore any future requests. The neighbors will have two choices, to live with the situation as is or to sell to someone else. Don’t let them make you feel guilty. There was never any guarantee they would be able to build on the second lot even after you sold them the easement. It is not your responsibility to make their wishful thinking come to fruition.
Most of us want to be nice people and it sometimes allows people to guilt us into thinking we’re being unreasonable when all we’re really doing is sticking up for ourselves. “It would cost you so little and help us so much” is not an argument you should allow them to utilize. I think you know in your heart that if anything went wrong (and there’s a very real possibility something could) you’d spend whatever time you have left living in your home feeling resentful of the new house and regretful you allowed yourself to be pressured into giving up control of the situation.
SMH at the letter. So they incur all the expenses and loss of privacy, so you should “give” them the addl access, but they intend to sell house 2 and profit. Of course, they need to invest in order to profit. Not you. It would be different if you were in this venture together. You aren’t.
Is that attorney a real estate specialist? The letter sound like it was written by a summer intern.
What I find disingenuous is the attorney’s entreaties to find a “compromise”. Compromises occur when there are conflicting objectives that need to be sorted out, but that isn’t the case here. It’s as simple as you have something they want and they expect you to give it to them on the cheap out of the goodness of your heart.
I can’t believe how many times the lawyer mentioned that you wouldn’t even notice the new house and the traffic. Like they’re trying to prove something nonsensical by repeating it over and over. All that does is make it more noticeably wrong!
“I can’t believe how many times the lawyer mentioned that you wouldn’t even notice the new house and the traffic. Like they’re trying to prove something nonsensical by repeating it over and over.”
I would imagine that point of view was shared by the neighbors to their lawyer. I’d assume they were part and parcel to the original letter sent. Can’t blame it all on the lawyer. Further reason to say NO DEAL.
“Just have your attorney send a “My clients are no longer interested in considering any offers. This decision is final.” letter and ignore any future requests.”
nothing more to add than
“drop mike”
…
^ editing the above post to respond to earlier of OP.
"Now H seems to be wavering. ACK!! "
good GOD!!
TELL your DH in NO uncertain terms that the answer is NO.
He is trying to be too nice and you BOTH and he will REGRET giving these GREEDY neighbors ANY thing that what they do NOT deserve. and they dont deserve any future response other than
"sorry we are no longer interested in discussing this with you or your attorney.
PS.
in all my 14 years on CC, I have never seen such UNANIMOUS opinion on ANY topic. I kid you not.
STICK to your GUNS. you are right . and your neighbors[ and DH ] are wrong.