Riverside, CA asked in Civil Litigation for California

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.

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

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.

Dale S. Gribow
Dale S. Gribow
  • Palm Desert, CA
  • Licensed in California

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.

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