Commercial land use problem...?!?

[Fuddy1952]

My grandfather bought a farm on a major highway in 1939. He wanted to buy an additional 5 acres along highway from that owner, they agreed on price and shook hands. That owner quickly sold it to another person for a tractor sales/service business (out of spite). That tractor business even built a building right on the property line, my grandad never complained.
My 94 y.o. Mother still lives there with a caregiver.
Within last couple years a new owner took over. Like original owner a couple times a year they would grade driveway or remove snow.
Here's where it gets "sticky".
The new owner wants use of Mom's property, maybe 1/2 acre road front section. He would cut trees, grind stumps, and stone it, using it for more equipment display.
I'm not in favor of it. If I say no I doubt there would be any more road grading or snow removal. I'm 20m away and no trailer.
Guy said he would even have his lawyer or pay my lawyer to draw up a contract.
Of course, 80 years ago Grandad should have sued that 5 acre owner since they had an agreement...but how do I deal with now?
Thanks!

 

[the viking]

Without any documentation I'd get a better lawyer than they have or work it out among yourselves and write up an agreement. Lawyers take your money and win in the long run.

 

[oosik]

Yes, unfortunately, I would suggest a lawyer also. My thought - how, in the future, will your property sell with the 1/2 acre road front being used for equipment display. So - - you get ready to sell and advise the neighbor - "under our binding contract, you have 90 days to remove all equipment and clean up this half acre you have been using". What is this going to look like. Will it be an inviting entrance to the remaining property or an eye sore.

Also, be VERY careful as to who can use the property and exactly what can/can not be done with/on this property.

I cite an example. Many, many years ago I gave permission to a man to fish in my lake. Next thing I know - a friend of the man, the man's uncle, the man's cousin have been given permission, by the original man, to fish in my lake. And I thought he was a friend ................ The original man never showed his face here again. Probably fortunate for both him and me ...... I was furious.

 

[txdon]

Do you have the POA for your Mother. If not get it and make sure the business knows it. Also what are your plans for the property.

 

[JethroB]

I'm very protective of my land and its use. I also think long term before I commit to things done on it. Am also fortunate to where a few hundred dollars of extra cost or rental income doesn't factor in my decisions. Trees take decades to replace and help create privacy and reduce noise and light. Gravel would be difficult to remove along with any oil or fuel spills. I would be looking for an alternative for road maintenance.
:2cents:

 

[Steppenwolfe]

Virginia, when it comes to land or real estate transactions, is a buyer be ware state. Look it up; very few venues for a deal gone south.

 

[RickB]

What may or may not have happened in 1939 is irrelevant without a filed deed; forget about it.
Negotiate a lease or purchase now agreeable to both parties or tell the neighbor to keep off your mother's property.

 

[jaydee325]

Unless grandma's family members have an interest in the property when she passes, I would look into selling the property to the business along with a lifetime $1.00 lease to the house and any other features of the property she needs until she passes. This way the estate has the money and it is a clean break at passing.

 

[user.69169]

Can't say for sure, but paying tax on my land you cut trees down on and letting you gravel so you can sell more tractors on in exchange fer plowing my snow and grading lane don't sound like good deal to me.

Sorta seems like if you screw up my land or violate zoning or whatever town gonna come after me, not you.

1939 deal as good as memory of last breathing person in de deal. You need to get old woman together wid lawyer knows what he doing and has headshrinker will sign paper saying her mind still good. Den you explain what she remembers of 39 deal.

 

[Fuddy1952]

Thanks to everyone for your great advice.
I just talked with my Mom and think I'll leave well enough alone. She'll soon be 94 and lived there 80 years so far.
I'll talk to the business owner explaining for now she wants things as is. If her drive needs snow plowing or fields bush hogged we expect to pay. What's bad is their lot creates problems with heavy rain, driveway washout.
The lake mentioned by oosik we went through that when grandfather had his lake put in in 1954. Give people an inch, they take a mile. The last straw was me walking out the lake beside dock and had a terrific pain in my foot, then seeing the bottom of a drink bottle on bottom of my foot.
Sometimes at the picnic area a whole family would be using it we didn't even know!