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HELP! I'm being illegally deprived of my property.

Started by Kevin Garcia14 · · 👁 4 views · 8 replies

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Participants Kevin Garcia14vividraven26John Chase93mellowscout99Harold Phillips54
Kevin Garcia14 Kevin Garcia14 NewcomerOP
4 messages
joined Aug 2015
#1 ·
So, I’ve got two sisters and two brothers—five of us kids total. My dad left us all equal shares of some farmland, about 1,800 sq ft each.
I’m looking to sell my portion, but I’ve hit a snag. Honestly, I can't tell if this is a massive headache or just a minor nuisance. 🤦
On paper, I own 1,800 sq ft, but the actual physical reality on the ground tells a completely different story.

Here is the deal: My sister’s plot sits right next to mine. She basically just bulldozed her way onto my land—about 350 sq ft of it—without any permits or permission whatsoever, just to build herself a private road. 😠 🙂
How on earth am I supposed to get my land back?
The whole situation is messy because my farmland is split into two distinct sections (for some reason, it’s the same mess for my siblings too).
The first section of my land has the correct dimensions, and I hold full ownership, 1/1.
The second section doesn't match the dimensions at all—mostly because my sister essentially snatched part of it—and technically, I only hold a 1/5 stake there. It looks like the title transfer from my father hasn't been fully finalized for that specific piece (and apparently, it hasn't been finalized for my siblings' portions either).
Do I need to fix the title first and get that second part moved into my name as 1/1 before I can even attempt to deal with the encroachment?
And when it comes time to finalize the transfers for everyone, am I going to need signatures from all four of them, or just a majority?

What should I actually do here? What is the fastest, least painful way to settle this mess? 🤔
I need someone to walk me through this step-by-step, in the exact order things need to happen.

Thanks in advance.

Pittsburgh
vividraven26 vividraven26 Active Member
170 messages
joined May 2014
#2 ·
Honestly, the least painful way to handle this is just having your sister pay up what she owes. Otherwise? I’m talking a full-blown lawsuit.
John Chase93 John Chase93 Newcomer
2 messages
joined Aug 2015
#3 ·
Just because she walked onto your property and cleared a path doesn't mean she owns the land now.
First things first, you’ve gotta get that second part transferred into your name, otherwise you’re stuck holding the bag and won't be able to sell a thing since it isn't officially yours.
As for the transfer process, I'm pretty sure you'll need signatures from all four owners to make it stick, though I can't say for certain without double-checking the paperwork.
Kevin Garcia14 Kevin Garcia14 NewcomerOP
4 messages
joined Aug 2015
#4 ·
vividraven26 said:Honestly, the least painful way to handle this is just having your sister pay up what she owes. Otherwise? I’m talking a full-blown lawsuit.

Thanks for the input and the help. But there's a massive issue here. My property is supposed to be 33 feet wide, but she basically just grabbed 10 feet of it to build a driveway. Now my actual lot is only about 23 feet wide. I mean, seriously... how am I even supposed to build a house and have a driveway on a 23-foot lot? xD🙂
Kevin Garcia14 Kevin Garcia14 NewcomerOP
4 messages
joined Aug 2015
#5 ·
John Chase93 said:Just because she walked onto your property and cleared a path doesn't mean she owns the land now.
First things first, you’ve gotta get that second part transferred into your name, otherwise you’re stuck holding the bag and won't be able to sell a thing since it isn't officially yours.
As for the transfer process, I'm pretty sure you'll need signatures from all four owners to make it stick, though I can't say for certain without double-checking the paperwork.

Thanks for the reply and the help. Dealing with the transfer is going to be a nightmare if everyone actually has to sign, but I suppose it's worth a shot.
Eventually, there’s going to come a time when land taxes in Canada have to be paid, and that's when the transfer will become mandatory—they'll force the issue until it's officially in my name. 😁
vividraven26 vividraven26 Active Member
170 messages
joined May 2014
#6 ·
Kevin Garcia14 said:Thanks for the input and the help. But there's a massive issue here. My property is supposed to be 33 feet wide, but she basically just grabbed 10 feet of it to build a driveway. Now my actual lot is only about 23 feet wide. I mean, seriously... how am I even supposed to build a house and have a driveway on a 23-foot lot? xD🙂

You could sue to get the land back so you can sell it later, but honestly, that's gonna take forever.

Even if she signs off saying it's yours, you're still gonna be stuck paying property taxes on those extra 10 feet unless you get a judge to fix it properly.

Since we're talking about specific legal stuff...
Kevin Garcia14 Kevin Garcia14 NewcomerOP
4 messages
joined Aug 2015
#7 ·
Quincy:
vividraven26 I can't even begin to deal with this right now. I mean, seriously? It’s just... unbelievable. I guess I shouldn't be surprised, though. Maybe I should have seen this coming from a mile away. Honestly, it's just ridiculous.
A lawsuit to force them to return the land just so it can be sold? I don't know... maybe. It feels like it’s going to drag on forever. Just one of those endless legal headaches.

They’ll sign off saying it belongs to you, sure, but you’re still going to be stuck paying property taxes on three feet of extra width unless you drag this through the courts to get it settled. I guess that's just how the system works. Maybe. But yeah, you're basically paying for air until a judge steps in.

Because we're dealing with entirely different sets of legal regulations here... I mean, come on. It's a completely different ballgame under these specific statutes.
In Canada, they still aren't paying taxes. But I guess that’s going to change eventually... sooner rather than later, once Kevin Garcia14 gets his way.
mellowscout99 mellowscout99 Newcomer
1 message
joined Dec 2015
#8 ·
So, here’s what happened to a good friend of mine.

He lives in this house where he has his cat, and his mom occupies the ground floor.
After his father passed away, his brother inherited an apartment in another city, his sister was bought out with cash since she was doing well for herself, and my friend ended up with the upper floor of the family home.

But everything changed after her husband passed. She moved out of her previous place—she was staying with her in-laws out in the countryside and had zero interest in moving back there—so she moved into the house with her kids. My friend, being the sweetheart he is, offered her his floor to stay on while she got back on her feet, and he moved down into the living room with his mom.

Long story short: he’s still stuck in that living room. He has no peace, no privacy, and he can't even have me or his friends over! His sister just moved in and shows absolutely no sign of leaving. To make matters worse, she leaves the kids with his mom to babysit so she can go hang out with her new partner...

How should my friend handle this mess?
He’s tried being nice, and honestly, he’s reached the point where he wants to get tough, but I suggested looking into legal options instead. The problem is, we aren't lawyers or anything, so we're totally lost on how to actually start that process...
Harold Phillips54 Harold Phillips54 Member
33 messages
joined Apr 2020
#9 ·
If he successfully completed the floor-by-floor breakdown of the house during the probate process—meaning the deed officially reflects his ownership of specific floors under his own name—then that property is indisputably his. If he hasn't done that yet, that’s his very first priority. Once that's settled, he can legally request that his sister move out, whether she moves into her mother's place or leaves the house entirely if her mother isn't willing to take her in. Ideally, the probate settlement should clearly document her payout as part of her inheritance; that way, there's an official paper trail proving she no longer has any legal claim to the residence.
If that documentation doesn't exist, but there is a signed, formal agreement between her and her brothers stating she was paid a specific cash amount in lieu of her share, then things should still be straightforward. However, if there is absolutely nothing in writing, she could attempt to claim her forced heirship portion, which would be half of what she was originally entitled to. That opens a massive can of worms. Depending on how stubborn or difficult she decides to be, we could be looking at anything from her claiming rights to live in the house to demanding partial ownership of certain floors, or even trying to sue for more money down the road.

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