QUESTION
Does my brother-in-law have any ownership rights if I now own the property where he built a storage?
Asked on May 16th, 2013 on Estate Planning - Florida
More details to this question:
My brother in law built a storage building (some 20 years ago) on the property I now own. I pay the insurance and property taxes on all the property.
11 ANSWERS
Personal Injury Attorney serving Midvale, UT
at
Arrow Legal Solutions Group, P.C.
Update Your Profile
No.
Answered on May 20th, 2013 at 8:16 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
Normally, if you own the land, you own the structures on it, as well. It sounds like you may be in for a battle with him, however. If you cannot work this out, you will probably need to get an attorney. I would try to work it out, first.
Answered on May 20th, 2013 at 8:01 PM
Admiralty / Maritime Attorney serving Monrovia, CA
at
The Law Office of Nathan Wagner
Update Your Profile
He probably does not own the building. But if he built the storage building without the landowner's permission and used it continuously and exclusively, he might have some ownership rights to the building by adverse possession. The answer depends upon the law in your particular state. Also, he may own some or all of the items that are stored inside.
Answered on May 17th, 2013 at 4:40 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Possible maybe, if he could move the storage building off the property without doing any damage to the property. But after 20 years (have you been using the building? Or has he been using it?) probably not.
Answered on May 17th, 2013 at 1:43 PM
2 Awards
By what means do you own the property? Simply building a structure on a property does not give ownership rights unless there is some type of adverse possession. See a real estate or probate attorney to go over the facts and title.
Answered on May 17th, 2013 at 1:42 PM
If the building is permanently attached to the property, then it is part and parcel of the property. If it movable, then he may still have some claim to it if he has been using it all these years or you have been paying him for the use of it.
Answered on May 17th, 2013 at 1:42 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
No, but he may claim for the value of the building, via a lawsuit, or for a share of the title by adverse possession. You are advised to seek litigation counsel specializing in real estate issues.
Answered on May 17th, 2013 at 1:42 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Probably not, but why did he build it and has he been using it? If it is an improvement to the land, you may have to pay him the value of the shed.
Answered on May 17th, 2013 at 1:41 PM
Probably not. When he built the shed who owned the property? If he had wanted it he could have and should have removed it before you purchased the property.
Answered on May 17th, 2013 at 1:41 PM
Bankruptcy Attorney serving Henderson, NV
at
Jeffrey A. Cogan Chartered, a PLLC
Update Your Profile
You owned the storage building the moment he started. If it is attached to the ground and would take more than hour to remove it, it becomes a part of the property that it sits. You may also have a claim for adverse possession depending upon how often your brother went to the storage. If it is worth it, you may want to get a court order quieting title.
Answered on May 17th, 2013 at 1:41 PM
Sanford M. Martin
If you, as owner of the land, have paid the real estate taxes and there is no other contract or agreement between you and the builder, you as owner of the land also own whatever improvements are on the property. Especially since it was constructed 20 years ago, there are no ownership rights existing with the builder. He may contend that there was an agreement with you or the owner that entitles him to ownership or payment for construction, but after 20 years, it would be difficult to prove.
Answered on May 17th, 2013 at 1:40 PM