Q: can I legally dispose my brothers property and junk hoard that covers my patio, garage and areas within my home.
1. He came and brought this stuff after our mother died and he had no place to live.
2. He is 62 years old. Does not work.
3. Several years ago I paid $1000. to have junk in yard removed.
4. He continues to bring in more.
5. This has gone on for 5 years and despite being told to clean it up.
6. His idea of cleaning it up is to move it, restack it and cover with tarps.
7. This is my house. I worked hard to pay it off and I own it free and clear.
8. He pays nothing.
9. I am at my wits end and this is not how I envisioned my later years.
A:
In general, it is not legal to dispose of someone else's property without their permission, even if it is on your property. However, there may be exceptions to this rule depending on the specific circumstances of the case.
In this situation, since your brother brought the items to your property and has been adding to the pile for several years, it may be possible to argue that he has abandoned the items and therefore no longer has a legal claim to them. However, before disposing of the items, it is recommended to consult with a local attorney to ensure that you are not violating any laws and to explore potential options for resolving the situation.
It is also important to consider any emotional or familial implications of disposing of the items, as this may cause conflict or strain relationships. It may be helpful to communicate with your brother and try to find a mutually acceptable solution, such as setting a deadline for him to remove the items or seeking assistance from a professional organizer or junk removal service.
A:
you may argue he abandoned the property and thus you can do what you want.
however, you are still dealing with the property of someone else.
i would write him a letter setting forth all the facts and give him until a date certain to remove it or you will do so.
does he live with you? if so, that might change things.
because of the impact on the family, I would try to do everything in the nicest way possible to salvage the family relationship...with all people involved.
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.
