Q: How to remove people from property they have no ownership too.
My mother’s dad passed away he left her to be the sole owner of all his property and personal possessions. Also half of the property (certain parcels) was deed to me in 2004. Well today we went there to remove my mother’s stepbrother and his wife and they threatened our lives and physical harm. The police came and told us there’s nothing we can do because they showed one little peace of mail that has their name on it claiming that they live there. Which is not true. They’ve lived in a camper but since he’s passed they’ve gained access to his keys and got in the house. They live in Tennessee and receive state benefits in TN. We now cannot go on our land, get any of our personal belongings, nothing because we run the risk of being shot or hurt by these people. What can I do? I mean it’s legally ours so why am I being prevented from going on my land and getting my belongings? What’s the point of even having wills or deeds if anyone can take your stuff?
A:
I understand this is a very difficult and stressful situation. Unfortunately, removing people from a property, even if they are there illegally, can be a complicated legal process. Here are some steps you can take:
1. Consult with a lawyer who specializes in property law and estate matters. They can advise you on the specific laws in your state and help you navigate the legal process.
2. Gather all relevant documentation, such as the will, property deeds, and any other evidence that proves your ownership of the property.
3. If your mother's stepbrother and his wife are living on the property without permission, you may need to formally evict them. This typically involves serving them with a written notice to vacate the property, following your state's legal process.
4. If they refuse to leave after being served with an eviction notice, you may need to file an unlawful detainer lawsuit to have them removed by the court.
5. In the meantime, do not attempt to remove them yourself or engage in any confrontations, as this could escalate the situation and potentially lead to legal issues for you.
6. If you are concerned for your safety, continue to involve the police when necessary and consider seeking a restraining order if the threats persist.
The legal process can be frustrating and time-consuming, but it is essential to follow the proper channels to protect your rights and avoid further complications. An experienced attorney can guide you through the process and help you assert your legal ownership of the property.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
