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Development - Under NY Statute, Development Rights Are Real Property Rights

Thursday, August 31, 2017

A New York state statute allows one co-owner to force the sale of co-owned real property, including development rights. Here, though, the co-owner plaintiffs failed to show that selling their---and the co-owner defendant’s---development rights would be "expedient."

Facts: Located in the Town of Pleasant Valley, New York, the 101-acre Hahn Farm has been in the Hahn family for nearly 250 years. In 2007, ownership of the Hahn Farm passed to the four children of Edna Hahn. Her will conferred a qualified life estate in the farm to her son, plaintiff Thomas G. Hahn, Jr. (Thomas Hahn). The life estate would last until Thomas Hahn’s death or until he elected to "cease farming" the property. The remainder interest went to her four children in equal shares: plaintiffs Thomas Hahn, Barbara Butts, and Jeanne Halstead and defendant Johanne Hagar

Thomas Hahn has been farming the property since 2007. He and his plaintiff siblings wanted to preserve the property as [...]

 
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