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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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If two people own a bush lot,one owns 95% the other 5%. What

Customer Question

If two people own a bush lot,one owns 95% the other 5%. What can the person with five percent do?? He is trying run the property and bring whom ever he wants there and do what ever he wants.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Is there any agreement in place?

Customer: replied 1 year ago.
No my dad gave it to them that way. He has passed.
Customer: replied 1 year ago.
There is only one thing that basically says if you sell something off property one gets 95% of money the other 5%. Like trees.
Customer: replied 1 year ago.
My brother that owns 95% doesn't want a certain person on the land who want the log poles that are there. The other brother who owns 5% gave him a key to get in and take them. Brother #1 stopped him. Police are saying he the 5% brother can take anyone on property he wants.
Expert:  Debra replied 1 year ago.

The police are correct. Either one can use the property as he sees fit though they cannot give away property that belongs to the other so they both must agree about what happens with the trees for example but anyone can bring a guest onto their own property.

This is same as if two people own a home together, one person doesn't get to dictate who the other can bring into the house just because one owner of the househad a larger interest in the house than the other.

Do you see what I mean?

Customer: replied 1 year ago.
How do you say where the 5% is and where the 95% is. The person with 95% should have more of a say. If he doesn't want a certain person there who's intent is to remove something from his 95% then he should be able to stop that.
Expert:  Debra replied 1 year ago.

The each don't own part of the land but rather they own the land together but if the land is sold the person with the 95% interest gets 95% of the proceeds.

You may feel that it should be a certain way but the law does not reflect that unless there is a contract to the contrary. That is why the police are telling you what they are telling you.

Customer: replied 1 year ago.
Can he prevent that person from having a key and entering whenever he feels like it?? He can sell it without the 5% guys permission.
Expert:  Debra replied 1 year ago.

If they can't work this out amongst themselves then they should consider seeing a mediator. Otherwise, one could sell it without the permission of the other. They do that by getting a court order.

One cannot force the other to do anything without a court order if they don't agree.

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