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Ian Turner
  • Investor
  • Washington
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Parcel with Trespassing Mature Orchard

Ian Turner
  • Investor
  • Washington
Posted Feb 17 2021, 09:48

Looking at a 3 acre tax auction parcel with a great view that is adjacent to a large, corporate-owned orchard.  Previous owner who stopped paying taxes says that the orchard illegally planted trees on the 3 acres and was advised by his legal counsel to not tangle with the corporation but it doesn't sound like he put much effort into a deal to sell it to them.   I would think the corporation would want to clean it up and own the ground.  Here are options I'm considering as the going price would make it a great deal:

1) Approach corporation to structure a sale of the ground so their orchard is made whole. This is assuming they don't claim some sort of legal loophole stating they get to use the ground and the orchard without compensation because they planted it 15 years ago.  Assuming they have no easement to use the land for agriculture purposes, do they have legal grounds here?  (They haven't paid the taxes on the property to claim adverse possession.)

2) If orchard won't deal, list it on the open market as a view lot ready for a SFR. Great value here but access is through the orchard easement and developing a home site would require the orchard to be cleared. Again, would the corporation have any legal grounds to prevent the clearing of trees in this case?

I believe this is a case of a disgruntled owner unwilling to engage the corporation in a tactful, business-like manner.  I don't imagine they want to spend a lot of time on legal fees and would want to purchase the ground outright.

Any thoughts?

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