Post: land dispute
Posted by Barb Flanigan on 12/12/13
I own 2 1/2 acres. I founded an animal shelter on the
property in 1994 and the organization of which I was always
a part, got PA charitable status. In 2001, we wanted to get
501(c)(3) status and it order to do so, IRS said we had to
show that I, as property owner, would not personally profit.
So, we drew up a simple lease in which I agreed to lease a
kennel bldg. and 1 acre to the group for $1 per year for 99
years. (Stupid of me, but thought I would always be a part
of the group). Lease was signed by me as lessor and my late
husband as lessee for the group even though he was never an
officer or had any official capacity in the group---he was
just there at the time.
Lease was put away and forgotten until 2012 when new board
and I started having conflicts.
Lease makes no mention of perimeters of the "acre", no
mention of driveway rights.
Another bldg. was built in 2010 and is not mentioned at all
in the lease.
What are my rights?
1. I don't want them using my driveway anymore. They have
another driveway which gives them access to the property
from land they purchased next door to mine. Can I deny them
use of my drive?
2. Is there anyway I can make them sign a new, more
equitable lease or am I locked in to this one?
3. Do they have rights to the second building, even though
it was not mentioned in the lease?
4. As the property owner, can I dictate to them how the
land leased to them must be used?
5. Can they claim adverse ownership or easement rights?
(It is true the buildings were built with group funds, but
my deceased husband supplied 100% of the labor and was not
compensated for that)
I am a 65 year old widow living on just social security.
Now that they kicked me out of the organization, I do not
have even the small salary they were previously paying to me
as the manager.
I would just like a more fair and equitable lease. They are
not interested in buying me out because they claim that they
"already have everything they need".
Posts on this thread, including this one
- land dispute , 12/12/13, by Barb Flanigan.