Q: I own 1/4 of ten acres, can I offer to convey all 10 acres to a third party?

My goal is to respond to a government-issued RFP to sell land for a new building site by offering the land for sale, gauge the interest of the government entity to see what they are willing to pay, then use that information to buyout the rest of the co-owners so that I can make a profit on the difference.

1 Lawyer Answer
Anthony M. Avery
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  • Knoxville, TN
  • Licensed in Tennessee

A: I do not understand your stated strategy. However if you are a tenant in common of an one/quarter undivided interest in the real property, you can only convey what you own. Any representation that you can convey a fee to ten acres is fraud. The proposed purchaser would probably find out the same prior to closing, but if not, you would get sued. There could be other sanctions depending on your situation. Dealing with the Government could generate wire fraud.

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