Kansas City, MO asked in Real Estate Law for Colorado

Q: Three people bought property in Colorado. We built a cabin last summer, not quite finished. two investors abandoned it,

they moved to Kansas. The acreage is the only matter on paper, signed by all three. Thecabin material is on a loan at Home Depot in only one name by one of the abandoners. Can they make me buy them out of make me sell?

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1 Lawyer Answer

A: There are several issues here.For the land, a sale cannot occur without approval of all people on the deed. Any person on the deed can force a sale (via a court order), but doing this will require either a private agreement from all parties on the deed and/or a small trial (in Colorado) to "force" the sale.

For the home the issue gets a little more complicated. Any person on the loan documents is liable for the payments. Depending on the nature of the loan agreement, non-payment may solely impact the borrowers or potentially the land can have the loan payment attached (assuming the borrower(s) are also on the deed). As a secondary issue the materials can generally be removed from the land, UNLESS the materials were permanently affixed to the land. If they were affixed, the home (even if incomplete) likely become part of the land (and thus the deed will control ownership).

There are a lot of unknowns here and you will need to contact a real estate attorney in Colorado to help unravel what happened and who owns what. It is highly recommended that you hire a lawyer before work continues on the home, transfers of ownership occurs, a sale occurs or the home/land becomes occupied. At present, the home and land arguably have clouded title and are unmarketable (for sale, loans or occupancy).

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