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Ratings. Guidance. The Right Lawyer.
Landlord has junk everywhere on the property.
Stoneham, MA
Viewed 68 times.
Posted 6 months ago in Landlord / Tenant
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I am a co-owner of a property with my brother. The property is a two family. As a co-owner I occupy one apt and the second apt is rented and my brother collects rent. He has a large boat on the land in which every one hates in the neighborhood. Total eyesore which hasn't been registered in 4 years. He also has junk everywhere in the cellar. He doesn't live on the property and He feels that since he owns half the property he has the right to keep all this stuff here as well as come and go as he pleases. it is bothering my family immmensly. I have tried to talk to him but it turns into a fight. We have no leases with the tennant or myself. The property was just put in our names in the last 6 months from the estate. I don't know what my legal rights are?
Answers (1)
Phil A. Taylor
This attorney is licensed in Massachusetts.
Posted 6 months ago.
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If owners of a property cannot agree on how it is to be used, or who has what rights, an attorney should be consulted about a partition action. The court will order the sale of the property and the proceeds divided amongst the owners. Such an action may give one owner some leverage to compel the other owner(s) to sell their rights to the property.
All persons living on the property have the rights to quite enjoyment. An attorney should be consulted about the specific actions of the owner that does not reside on the property to determine whether they are interfering with the uses of the others. The storage of a boat, or other items, may be in violation of the town's bylaws, zoning or otherwise. However, a report to the town officials may be opening a can of worms nobody is prepared for. As a practical matter, all owners should discuss the situation if they intend to keep the property as an investment or otherwise. A mediator may be helpful to avoid the drastic action of forcing the sale of the property. This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. |
