QUESTION
Can the eldest sister sue her brother for trespassing if he put a single wide to a land and the sister did not allowed him?
Asked on Dec 31st, 2013 on Landlord and Tenant Law - Washington
More details to this question:
Before our mother passed away, she allowed our youngest sister to put a double wide on undivided land. She has moved out. Now her son has moved into double wide. She did not ask any of the siblings if this was okay. Now other son put single wide on the land. There is only 30 acres there, oldest sister said no. Now this is a big problem. Can we sue for trespassing, or what can we do legally?
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Who owns the land? The siblings together? In that case each one has the right to use the land or allow others to use the land. So, your best bet is to go to court and ask the court to partition the land. This means that it will either be divided or sold.
Answered on Jan 30th, 2014 at 5:56 AM
There are various facts that you have not stated. ?If the property was left equally to all of the sisters, then each one can use the land equally as long as it does not interfere with the usage of the others. ?It sounds as though what your sister's son did is okay unless it somehow interferes with your usage such a requiring a large leach field, etc. ?It is best to consult with a real estate attorney who can then get all the needed information from you.
Answered on Jan 29th, 2014 at 8:42 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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The question is: Who owns the land? if it is owned as joint tenants or tenants in common anyone of the owners can do what they want on the land so with the facts of the question everyone is within their rights. If it is owned by your mom's estate
Answered on Jan 29th, 2014 at 8:26 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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What you can do depends upon who actually owns the land, which in turn should have been decided when your mother's estate was probated. Solve the ownership problem as soon as possible and then address the secondary problem.
Answered on Jan 29th, 2014 at 8:22 PM