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View Full Version : Eviction of Family Members and Statue of Limitations


clarifyingthelaw
Dec 14, 2007, 07:09 AM
I own property that I have allowed family members to live on in a trailer rent free for years, although I have been doing 95% of the yard maintenance and I visit the property daily to check on livestock I have there. Recently a severe squabble resulted in a falling out and I told them they had to move off the property and take their trailer. They threatened to sue me and claimed that my grandfather (who deeded the property to me and it was legally recorded 25 years ago), promised them an acre of land (not the 5 acres they are using now). No acre was ever deeded, recorded or any agreement written down anywhere regarding this. I asked around and one of our relatives said that they remembered my Granddad being asked to do this, but that my Grandmother (co-owner at the time) vetoed it and that is why it never happened.
The "claimed acre" had originally joined property that the relatives (the ones that are living in the trailer now) owned that adjoins my property now. They had to sell their property 15+ years ago to avoid foreclosure at the time. They have no property in their name now and I have always paid the taxes on my property that includes where their trailer sits now.
And before I get blasted for being a horrible relative, believe me when I say that I have taken YEARS of their craziness and abuse. Though it is rural, the place is an eyesore to all those around. They won't even pick up the trash and beer cans that are strewn through the yard. Cutting grass is done mostly by me, as they are too lazy to do it themselves. Broken down cars and junk everywhere. It is a nightmare. They can never pay their most basic of bills and so I have repeatedly helped them financially over the years just to keep basic services on. They write bad checks all over town and run me & my brother down for trying to do right. So when I tell my worthless 41 yr old brother who has no job, no income, in and out of jail, basically the town drunk, a thief and lives off his mother's social security that he has to either get a job or leave, they turn on me and tell me I can't tell them what to do. So I told them to move and do what they want-just not on my property. Do they have any rights to possession and do I have the right to force them to move in 60 days in Alabama? And what route should I take to enforce?

ScottGem
Dec 14, 2007, 07:15 AM
I would go through a formal evistion process. Serve them notice and give them a date to vacate. If they aren't out at that time, then you will need to obtain a court ordered eviction. They may try to counter sue on the basis of this alleged agreement, but without any corroboration they will be denied. They MIGHT have a better chance to claim that since they have been allowed to live there for years, they have squatters rights. I doubt if that will fly, but I would go that route if I were them.

So I advise you to seek an attorney who can make sure they don't get away with that.