Legal Question in Real Estate Law in Utah

division of land

590 acres in Utah to be split 4 ways. Only one person has done upkeep, watered, fixed fences, etc., AND payed taxes on the entire land for 11 years. He has farmed and maintained the property, kept it in the green belt. Now 3 siblings want to claim the 'choice' fields so they can be subdivided and sold. They have not done one thing for the upkeep of their inheritance. There is a remaining 490 acres they can have giving them each more than 25%. Can this property be signed over to the sole tax payer then dispursed by him equally at his discression so that he can keep the pasture land he has developed? I have heard there is a glitch in the laws that permit this.


Asked on 11/17/07, 5:34 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: division of land

If this is an estate then someone should have been appointed personal representative or successor trustee. The payor should be reimbursed for taxes plus interest, as well as for the maintenance. If the property passed out of probate or a trust into the names of the 4 children, then the payor may have a claim for sole ownership through adverse possession. Worst case, you can sue for your time and money. You may call for a free consulation.

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Answered on 11/17/07, 8:58 pm


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