Can other deeded owners force a deeded owner off the property?

6 answers | Last updated: Oct 27, 2016
Ccpanel asked...

Our parents' 120 acre farm has been deeded in five siblings' names. Our parents are in good health at ages 83 and 69, and are living on the property.

There is one sister living on the property, as she was invited to by our parents. That same sister is making changes and doing things that are not approved by dad and the other four siblings.

How do we limit her activity to sleeping/eating on property and dis-allow her from making any changes at all to any part of the property? If it comes to it, can we evict her regardless of our parents' input? They are no longer the deeded owners but are being allowed to live there until death. The deeds have been recorded with Tehema County in California.


Expert Answers

You state the your parent's farm is now deeded in five siblings names, that one sibling lives on the farm as invited to by your parents, and that this sister is now making changes that are not approved by the four other siblings and your dad. [I do not know if your mother does approve of the changes, or you simply didn't mention her.] You ask, "If it comes to it, can we evict her regardless of our parents' input?' I suggest that this problem should be resolved by negotiation, and mediation if necessary, not by litigation.

First, it is not clear what your rights, if any, to evict the sister are. She is one owner of the property. Normally you can't evict an owner, unless there is a provision in the deed, or a lease, allowing you to do so.

Far more importantly, I think it would unwise to try to evict your sister regardless of your parents' input. While the farm is legally owned by the five siblings, it is morally still owned by your parents. For you, of any of your siblings, to take legal action about the farm and ignore your parents desires regarding your sister seems likely to result in ill will and family bitterness. I propose that you put all your efforts into trying to work this out on the family level.


Community Answers

Ccpanel answered...

dad wants her there but to not be doing anything to the farm. mom initially didnt want her doing anything but sister has manipulated and cajoled and argued and demanded and mom has caved in/rolled over.

siblings have zero problem with her living there. we have 100% problem with her doing anything else.

efforts on family level have failed. dad and mom are both over 80 years old and not strong enough to deal with it. they are tired of fighting sister.

siblings would have ZERO problem with sister if she discussed her wishes with family/parents before enacting any actions but she has not shown a single sign of respect. if she had-we would not need to have this conversation.

she has charged money to farm, invited workers onto farm, brought live-in boyfriend, brought dogs(that trip my parents and have made both fall) in general not respected any persons wishes.

advice?

these are actions i/we need to take on behalf of our parents not circumventing them.


A fellow caregiver answered...

I have a similar situation, 8 siblings and Mom and Dad still living in home with one sister. Three of the siblings want her out just because of personal reason. Mom and other 5 siblings wants her there as she is taking care of both Mom and Dad and doing meals in the evening. My dad only fixes Breakfast and not good at making sure Mom takes her med. Because of not eating right or not eating and drinking she had heart issues and now wearing a monitor for 30 days. We all are on the deed, I was told by lawyer that they can't throw her out or her belongings out as they have indicated as she is part owner and Mom wants her there. Now that they have made it so unbearable there she is leaving. They now say they are gong to sell the house and split the money between the three siblings and Dad. I have been told they can't sell the house without our signatures.


Ccpanel answered...

Denis- Dad wants her gone, mom has succumbed to daughters manipulation and all other children have through interaction with the intruder decided it is not healthy to try to communicate with a rude, angry, unreasonable person.

we know legally we cant evict her at this point how do we restrict her to ONLY eating/sleeping there and DIS-allow her from any actions on the farm? the whole collective family apart from mom/her does not want her to do ANYTHING to the farm. what legal form or action will make this a reality? restraining order? cease/desist?


A fellow caregiver answered...

I would think you have legal recourse to get her boyfriend out, but not your sister, if your Mom wants her there. I would like to know what a Denis has to say


Floydetha answered...

Can you just give her 24 acres to have for herself? I would think that charging money to the farm would have to be legally signed for and you should talk to the person who loaned the money. I would make it owed to the person who borrowed it. I would also remind the sister that the property belongs to all of you and without the other authorizations she will be held financially responsible, not the farm. The bank should be informed that no money should be charged to the farm without everyones consent or something like that. Good Luck!