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Blocking your coowner to sale his unit

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danibi

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What is the name of your state (only U.S. law)? MA , 9:40 AM

Hi, we are a family of four (2 adults 2 young kids) leaving at the first floor of a house co-owned by my husband and the up stair neighbor. My husband bought this house with H in 1998. Since, we married, moved with him and grow our family. The upstairs neighbor is having episodes of unpleasant behavior but since recently, we managed to ignore it as much as possible. We have over grown our house and are looking to move. With the years, we made a high quality renovation and built an addition to the house. In fact our unit is now much more valuable than the upstairs one.

H is a composer, he is a single person who uses his unit as a home and music studio including a grand piano. He works many hours a day in his studio and receives students who also use the grand piano. The studio is located over the master bedroom of the first unit. It is not an exaggeration to say that we have always have been very tolerant of the noises coming from upstairs and from the sound studio (not sound proof). We had negotiate a schedule that he was mostly respecting (he can play all day until 10pm).

We announce our intention to move to H. in mid-January (2010). Since he became extremely untolerant from any noise coming from our house, he is using passive aggressive tactics and threatening language to intimidate us.
His level of intolerance has suddenly become real burden to our life in the house. His actions include harassing phone calls at the minute the kids start to practice their piano. He also came uninvited in our house yelling at me and menaced the family to disrupt our nights with noise (which has been done occasionally). His behavior is becoming a threat to our well being in this house. Since his behavior is threatening and un-cooperative, we are reporting (in writing) all our interactions with him. Other passive aggressive tactics to intimidate us include blocking our skylight, not responding to our emails asking to work with a mediator or asking him to stop his aggressions. The last thing is that he is driving his car dangerously fast around the kids. My family and the neighbors begin to be nervous about him provoking an accident.

H. expressed his intention to take control over the sale of our unit: he planned a visit of our unit with potential buyers without letting us discuss the sale conditions and the value of our unit. He is threatening us openly that he will oppose any action to move forward in our plans to discuss a fair evaluation of our unit.

The first floor unit cannot be evaluated as a portion of the total house as the quality of the renovation made it much more valuable by square feet. This was recognized and explained in many words by in a letter by the layer my husband and him had used in the past to write the co-ownership contract.

All his actions a related to his desire to take control of our unit and that the fact is that he cannot effort to buy it at a fair price. His actions are becoming a serious threat to us and we just want to move on with the evaluation and the sale of our unit to be able to move out of this mad situation.

What should we do? Best, Danibi
 


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