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ram54 · Nov 17, 2013, 08:34 PM

We have a land contract... it is all legal, memorandum filed... we pay everything... the Seller keeps tresspassing... she now a year later says that her attorney told her she can enter the home anytime she wants, take pictures and she also removed the lock off the back gate when we were not home and went through our backyard to another gated area and then went through that gate and onto our patio.
Land contract states seller can inspect property with 48 hr notice between hrs 10am and 5pm, through service of notice, personal service or first class mail with name and address on it.
She dropped off in our mailbox a blank envelope, we didn't even know what it was... we opened it up... it was a notice she was coming to inspect... we told her she needs to follow the contract... she said no she doesn't that her attorney said she can do what she wants since she is holding the deed... Can she continue to violate the letter of the land contract... oh she said since we wouldn't let her in we breached the contract and now we would her from her attorney to evict us...

AK lawyer · Nov 18, 2013, 11:33 AM

Either her attorney hasn't bothered to read the contract, you are misreading it, she is mistaken about what the attorney told her, or she is lying. When and if an attorney contacts you, send the attorney a copy of the contract with a cover letter explaining your interpretation and demanding that the seller comply with the terms of the contract.

ScottGem · Nov 18, 2013, 11:58 AM

I suspect that either she lied to the attorney or is lying to you. Absent specific language in the land contract that deals with entering the property, she might be right. But since the contract specifies the conditions on which she can enter the property, then she is in breach. If she tries to evict, you fight her and sue her for violating the contract.

joypulv · Nov 18, 2013, 03:59 PM

I'm wondering why she thinks she can evict you, unless you aren't paying everything, and on time - Are you?
As for notice, I think you will find that leaving a notice in your mailbox, in a blank envelope, constitutes personal notice in a court of law.

ScottGem · Nov 18, 2013, 04:05 PM

Maybe I misunderstood something. This notice that she left in your mailbox. Was that left 48 hours prior to her visit? If, so, it would probably qualify. But if it was left during her visit, then no, it wouldn't.