Would my son having part of his trailer on my land which I own have my own deed, in my name, , not his deeded land, be consideredTenants in Common
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Would my son having part of his trailer on my land which I own have my own deed, in my name, , not his deeded land, be consideredTenants in Common
I deeded my son 6 acres Feb 2015. In March a 60′ double wide was placed with approx. 40′ encroaching on my own property. I am not on his deed nor is he on mine.
I know he cannot claim adverse possession, and that legally he is trespassing.
We want to sell our 14 acres and move as 76 years old and only have a few years left.
Asked on July 15, 2019 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
1) No, using or putting a structure on your land with your permission does NOT make him a tenant in common or give him any rights to or interest in your land. Ownership is not conveyed by being allowed to be on land.
2) Similarly, his using and accessing your land, and putting part of his trailer on your land, with your permission does not constitute adverse possession: adverse possession, as the term "adverse" implies, must be against your interests and hostile to them, but a permitted use is not, by definition, "hostile" to you or your rights. The law does not let someone use your permission to access or use your land as grouns to take your property from you.
So based on what you write, he is not a tenant in common and has no grounds for adverse possession.
Furthermore, you can revoke his permission to be on your land (in writing; and you must provide a reasonable amount of time, which here might be as long as 90 - 180 days, since he has to move his trailer) and demand that he vacate it. If he does not, you could bring a kind of legal action traditionally called an action for "ejectment" (your state might have a different name for it) to get a court order directing the sheriff to remove him. You can think of ejectment as "eviction for non-tenants": the way you remove someone who is not a rent-paying tenant.
Ejectment actions can be very "technical" in that a small mistake in the paperwork or procedure can force you to start over. You are strongly advised to retain an attorney to help you.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
1) No, using or putting a structure on your land with your permission does NOT make him a tenant in common or give him any rights to or interest in your land. Ownership is not conveyed by being allowed to be on land.
2) Similarly, his using and accessing your land, and putting part of his trailer on your land, with your permission does not constitute adverse possession: adverse possession, as the term "adverse" implies, must be against your interests and hostile to them, but a permitted use is not, by definition, "hostile" to you or your rights. The law does not let someone use your permission to access or use your land as grouns to take your property from you.
So based on what you write, he is not a tenant in common and has no grounds for adverse possession.
Furthermore, you can revoke his permission to be on your land (in writing; and you must provide a reasonable amount of time, which here might be as long as 90 - 180 days, since he has to move his trailer) and demand that he vacate it. If he does not, you could bring a kind of legal action traditionally called an action for "ejectment" (your state might have a different name for it) to get a court order directing the sheriff to remove him. You can think of ejectment as "eviction for non-tenants": the way you remove someone who is not a rent-paying tenant.
Ejectment actions can be very "technical" in that a small mistake in the paperwork or procedure can force you to start over. You are strongly advised to retain an attorney to help you.
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