Grandma has a bad problem - Real Estate

Several years ago my Grandmother and Uncle purchased property with another person in California. They have a hand-written agreement to split the property between them. Each of them agreed to pay for 1/3 of the taxes and road improvements. Since then my uncle has died and the person has moved onto the property. He has never paid for the road improvements or taxes.
What can my grandmother do?

[I AM ALWAYS LIABLE]

Originally posted by Steve McDougle
Several years ago my Grandmother and Uncle purchased property with another person in California. They have a hand-written agreement to split the property between them. Each of them agreed to pay for 1/3 of the taxes and road improvements. Since then my uncle has died and the person has moved onto the property. He has never paid for the road improvements or taxes.
What can my grandmother do?

My response:

That all depends upon what Grandma wants to do.

Keep the property ?

Sell her share ?

Just make the other owner pay his share ?

Kick the other owner off of her undivided share ?

What ?

IAAL

Grandma would like to keep the property and get him off it.

thank you for any help, you can provide

[I AM ALWAYS LIABLE]

Originally posted by Steve McDougle
Grandma would like to keep the property and get him off it.

thank you for any help, you can provide

My response:

Okay, she doesn't care whether he pays his share of the taxes or road improvements - - rather, she just wants him off the property.

Since he's still an owner of the land, your Grandma can start by writing him a letter (keep a copy) informing him of her property rights, and that he never obtained her permission to live on her undivided share of the land, asking him to vacate within 30 days.

Then, when that doesn't work, and since he does have a right to be on the land as an owner, Grandma can sue him in Superior Court for:

1. Breach of Contract and Specific Performance.

2. Partition, in order to buy him out.

There are other, potential, Causes of Action so have Grandma consult with an attorney who specializes in Real Property matters. Most attorneys will give Grandma a free, initial, consultation.

Good luck.

IAAL

Thank you for your help! Does it make a difference if the land some 60 acres was never sectioned off and he has build a dwelling on what he considers his share of the property?

[I AM ALWAYS LIABLE]

Originally posted by Steve McDougle
Thank you for your help! Does it make a difference if the land some 60 acres was never sectioned off and he has build a dwelling on what he considers his share of the property?

My response:

No.

It doesn't matter what he "considers" his share, or whether he's built a dwelling on the property. This is what I meant by "undivided" share. You see, he and Grandma own a share of the whole piece of land - - meaning there are no dividing lines - - that is, Grandma owns just as much of the land under his house as he does. He never asked permission from the other owners (Grandma) to build anything, and he has no right to change the contract by making his own rules, or making a unilateral decision, to divide up the property without consulting with, and obtaining written approval for, the use of ANY portion of the land.

He has, effectively, stripped Grandma of her use of her portion of the land laying under his home. He took it. He stole it.

Have Grandma see an attorney today. Perhaps the attorney will, for a small cost, write a letter to him that will inform him of the consequences of his actions. Then, for a fee, Grandma can hire the attorney to sue, as specified above - - if need be.

IAAL