Legal Question in Real Estate Law in Wisconsin

My brother & I share agriculture land that we rent to a farmer, I've been wanting to raise the rent per acre & he doesn't. The farmer renting & my brother are in close contact alot. We have a verbal agreement, which I have no idea if it is worth the paper it is written on. Just recently my brother gave me a piece of paper stating that he & the renter have changed what I get for rent. I feel is very unfair. And I never get to be involved in any of the decisions. The 3 of use never get together & discuss these agreements. And no one signs anything. I dont know what action to take. Arguing with my brother does no good. Is a verbal agreement binding? And what are my options? We live in Wisc. I want to try to clear this up before anything gets planted on my land.


Asked on 4/09/15, 8:22 am

1 Answer from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

Since you and your brother own this real estate together, you are somewhat limited as to a practical solution when dealing with your brother. The best solution that comes to mind is "partition." If you would ask a court to divide the property per a partition action, a judge would have to decide if the property could be divided equally. If so, he could reset the boundaries between the two of you and each would then own a portion of the original property, but 100% of that portion. If the property can't be divided, the judge can order that the property be sold and the proceeds divided. As you can see, either way will separate you from your brother on this property. The second way could result in some negative tax consequences, depending on what the basis is to each of you and what the selling price would be, not to mention that a sale doesn't end up with either of you necessarily keeping any interest in the property.

I hope this gives you some direction. Not many firms would be willing to handle a partition action, however, we certainly do. Good luck!

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Answered on 4/09/15, 9:43 am


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