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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110501
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I own title free and clear in my name a modular home that

Customer Question

I own title free and clear in my name a modular home that has resided on my recently deceased Father's estate for over 14 years. I paid for all improvements to land (septic, power/gas hook up, gravel road etc.) I was left a 10% share of said estate. One of 37% holders of estate (former girlfriend of Dad) has shut water off to my house. Is this against the law? They are trying to drive me off the estate(have been for over 20 years) what are my rights and what legal course of action would you advise?
Thank you,
Donna Shapiro
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
They cannot constructively evict you from the property. A 37% owner cannot constructively evict another potential heir from the property. So you have 10% of the property and if they want you out they have to give you notice to evict from the property and take you to court. They could make you pay appropriate rent to the rest of the heirs of the property, but since you are an owner they cannot take away your rights to use property you are a part owner in unless they get a court order to sell the property.
So at this point you will need an attorney to assert your rights as owner and sue the heir who cut the water for unlawful eviction and to seek a court order to stop them from harassing you and to set up some rent for the land you are using to be paid to the other owners of the land.

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