“Why not?” Alex asked.
His grandfather lowered his voice as he leaned closer. “Because she was declared mentally incompetent.”
The silence dragged on a moment as Ben let that sink in before he went on.
“The stipulations in this last will and testament specify that the heir to whom the title is transferred must be of sound mind. Your mother was declared not to be of sound mind and has been in that institution ever since. There’s a codicil to the will that stipulates that if the heir in line isn’t able to take ownership of the title to the land because of death or mental incapacitation, then it remains in abeyance until the next heir in line becomes twenty-seven, whereupon it is automatically reassigned to them. If there is no heir, or if they are likewise declared in violation of the stipulations—”
“You mean crazy.”
“Well, yes,” Ben said. “If for any reason the title can’t be transferred to your father, mother, or any of their issue—that means their descendants, and you’re the only one of those—then the land goes to a conservation trust.”
Alex scratched his temple as he tried to take it all in.
“How much land are we talking about?”
“Enough for you to sell it and buy yourself a new car. That’s what you ought to do.” Ben shook a cautionary finger. “This business with the seven is nothing to fool around with, Alex.”
For some inexplicable reason beyond his grandfather’s admonition, Alex didn’t feel at all fortunate at the windfall.
“Where is this land?”
Ben gestured irritably. “Back East. In Maine.”
“Where you used to live?”
“Not exactly. It’s farther inland. It was land that has been in our family forever, but they’re all dead now, so it goes to you.”
“Why not to you?”
Ben shrugged. “Don’t know.” He suddenly grinned and leaned in. “Well, actually, it’s probably because they never liked me. Besides, it’s just as well—I’ve no desire to live there again. Blackflies and mud in the spring, mosquitoes in the summer, and endless snow in the winter. I’ve spent enough of my life hip deep in mud and bugs. The weather here suits me better.”
Alex wondered if the people who made up the will had discounted Ben because they didn’t consider him of sound mind in the first place.
“I’ve heard that autumn is beautiful back East,” Alex said.
Autumn would soon arrive. He wondered if there was enough land to get away and be alone for a while to paint. From time to time Alex liked to hike into wilderness areas to be alone and paint. He liked the way the simplicity of primeval solitude allowed him to lose himself in the scenes he created.
“How much land are we talking about? Is there at least a few acres or so? I’ve heard that some of the land in Maine is pretty expensive.”
“That’s on the coast,” Ben scoffed. “This is inland. Inland the land isn’t worth nearly as much. Still . . .”
Alex gingerly lifted the cover letter, as if it might suddenly bite him, and scanned the legal jargon.
“Still,” his grandfather went on, “I’d venture to say that this is enough to buy you a car.” He leaned closer. “Any car you want.”
Alex looked up from the papers. “So how much land is it?”
“A little under fifty thousand acres.”
Alex blinked. “Fifty thousand acres?”
His grandfather nodded. “You’re now one of the largest private landowners in Maine—other than the paper companies. At least, you will be once the title is transferred.”
Alex let out a low whistle at the very thought. “Well, I guess I very well might be able to sell a piece of it and buy me a car. I might even sell enough to build—”
Ben was shaking his head. “Sorry, but you can’t.”
“Can’t what?”
“Sell a part of it. The covenants to the deed say that you can’t sell any part of it. If you ever want to sell, you have to sell the whole thing, all in one lot, all together and intact, to the conservation trust that’s holding the land. They own the surrounding land.”
“I’d have to sell it all—and just to this one group?” Alex frowned. “Are you sure I couldn’t just sell some of it if I wanted to? Just a little?”
Ben was shaking his head. “Back when the papers first came your father and I studied the documents. We even went to a lawyer friend your father knew. He confirmed what we thought from what we’d read. It’s airtight. Any violation of the stipulations will result in the title reverting permanently to the conservation trust.
“It’s a very tricky document. It’s drawn up in a way that ensures that any deviation from the stipulations will cause the land to go to the trust. There’s no wiggle room. It’s constructed so as to tightly control what happens to the land. You might say that it doesn’t grant an inheritance so much as it offers choices among very limited options.
“With your father’s premature passing, and then your mother getting sick, the transfer of title wasn’t able to go forward, so it was put in abeyance, in limbo, until you were twenty-seven.”
“What if I don’t want to decide right now what I want to do?”
“You have the year you are twenty-seven to decide to take title or not. You don’t have to take the land. You can refuse it and then it goes to the trust. If you don’t act while you’re still twenty-seven, title to the land automatically transfers to the trust—except under one condition: your heir.
“You’re presently the last heir in line, Alex. You aren’t allowed to will the land to anyone other than a direct descendant. If you never have children, then, when you eventually die, the land goes to the trust.”
“What if next week I get hit by a bus and die?”
“Then the title immediately transfers to the trust—permanently—because you don’t have an heir, a child. If you become a father, even if you don’t act to claim rightful ownership during the time you’re twenty-seven, then that child becomes part and parcel of the will. It waits for them to come of age. In fact, that’s how you came to this place. If you’re hit by a bus it doesn’t affect any offspring’s rights, just as your father’s death didn’t negate your rights.
“You can take title and enjoy the land all you want and if you ever have children you can pass it on to them, providing you haven’t sold it to the trust. Once sold to them it’s theirs forever.”
“If I can only sell to the trust, then they can set the price cheap.”
Ben flipped through the pages, searching, until he found what he was looking for. “No, look here.” He tapped the page. “You have to sell it to the Daggett Trust—that’s the conservation group—but they must pay fair market value. You can name your own appraiser to ensure that the price is fair. And I can tell you that at fair market value that much land, even being inland, is worth a fortune.”
Alex stared off in thought. “I could paint all I want.”
Ben smiled. “You know that I think a person should prepare for the worst but live all they can of life. You could sell the land and then paint the rest of your life and never have to sell one of them. I hate to see you having to sell your paintings. They hold such love of life. I hate to see you part with them.”
Alex frowned as he came back from imagining. “Why would this trust want to buy this particular piece of land?”
Ben shrugged. “They already own all of the surrounding land. None of it has ever been developed. Most of it is virgin timber that’s been in trust for ages; they want to keep it that way. Our family’s piece is the last remaining part to the puzzle.
“The land owned by the trust is closed to people. No one is ever allowed onto the land—not even hikers. The Nature Alliance is a little miffed that they aren’t allowed in. They think they should have special access since they’re so devoted to preserving nature and all. I guess they went along, though, since the conservation group’s purpose seems so high-minded.”
“Well, what if I decide I don’t want to sel
l it? What if I want to keep it and build a house on it?”
Ben tapped the papers again. “Can’t. The deed comes with a conservation easement. That’s why we’ve never had to pay any property taxes. It’s some kind of special state wilderness area act that exempts land from taxes if it has a conservation easement constructed in the way this one has been drawn up.”
“So, then, the land is of no use to me. I can’t use it for anything?”
Ben shrugged. “You can enjoy it, I suppose. It’s your land if you want it. You can walk it, camp on it, things like that, but you can’t build any permanent buildings on it. You also must abide by the trust bylaws that you won’t allow strangers—hikers, campers, and such—on the land.”
“Or I can sell it.”