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What rights do tenants in common have in WV?

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Shilah

Junior Member
What is the name of your state (only U.S. law)? WV
My husband owns property in Wyoming County, WV. He is tenant in common with his two sisters and one brother. His divorced parents, deeded the property to the children several years ago. They each did a separate deed giving the children their sole interest in the property. The deed does not specify who owns what percentage, only that the parents hold a lifetime estate on the property. My husbands father passed away years ago, but his mother is still alive and living on the property in the family's home. We have lived in another state for 12 years, and moved onto the property, in a trailer, 2 years ago. One of the sisters also lives on the land, in a trailer. None of the land is separated out by the deed, but there are several acres, and plenty of room for all four children to reside here, if they wanted. Now, here's the problem.
The sister that lives in the other trailer on the property, says that she has more interest in the property since she moved out of her parents home and onto the property...in other words, she never left the property. Now, I know that's not true, but that's how she believes. We are neighbors with about 100 yards between us. There is a small creek between us as well. (which she calls the "property line") She has forbidden us and our children to cross this creek. On the other side of the creek is the only "direct" access driveway to the road. This driveway was erected by the other brother years ago, who no longer lives on the land. The sister lays claim to this driveway as well, and will not allow us to use it. She and the Mom say that we must use the driveway that is on the deed. This driveway is shared with other property owners(neighbors), and cannot be seen from our house. (this causes a problem with the children getting on the bus) That driveway is not owned by anyone, it deeds acces allowance. The sister erected a piece of a privacy fence along the creek line that she tells us we cannot cross. The fence does not yet have enough panels in it to block us completely, but she has the posts in place. Recently, my children walked through there to go up the road to the other sister's house. The next day she put up 4 signs on the fence. "PRIVATE PROPERTY NO TRESPASSING" & "BEWARE OF DOG" These signs are on both sides of the fence. (facing her side and ours)
Now, about the fence... This fence was given to her by our uncle. It was around his pool for more than 10 years. He took it down because it was rotting and falling apart. She has done a very poor job of erecting it, and constantly has problems keeping it together. I am concerned that it will fall and hurt our children or animals. Also, walking through this area to get to the driveway that she is claiming does not put us near her home or pumphouse or vehicle. She has even cussed the children for retrieving balls from "her yard" and will not allow them on the hill behind her home when it snows. She's claiming about 30 of the 64 acres that are owned by all 4 children. Their Mother, who has a lifetime estate, supports this sister in everything she does. She is the youngest, and still depends on her mom alot even though she's in her 30's.
My questions are:
1. Can we make her repair or remove the fence? or Can we remove it ourselves?
2. The signs are tacky: can we take them down?
3. Can she stop us from accessing this driveway that she is claiming?
4. Can the Mother still dictate who does what on and with the property even though she's no longer an owner?
5. Who is responsible for paying the property taxes? (the Mother and the youngest sister are on disability and have claimed homestead exemption's) (the other two siblings do not live on the property)What is the name of your state (only U.S. law)?
 


divgradcurl

Senior Member
If the Mom has a life estate, then she is the only one that has any rights to do anything on the property. You and the sister living on the property are essentially tenants, and Mom is the landlord. Until the life estate expires -- in other words, Mom dies or otherwise gives up the life estate -- the "owners" have nothing but a reversionary interest. None of the "owners" who are not currently tenants have any right to enter the property, to make improvements or changes, etc., unless the life tenant -- Mom -- allows them to be done.

The "tenants" can enter the property, make improvements, etc. -- but any improvements are "fixtures" on the property and ownership of fixtures, and use of driveways, etc., is subject essentially to landlord-tenant law. But unless the deeds show who owns what (in other words, essentially subdivides the land) then all of the common tenants own the property as a whole (or, at least, they will once the life estate expires) -- you don't "lay claim" to part of the land, each common tenant owns a share of ALL of the land and ALL of the fixtures -- unless the common tenants can agree to do so.

The life tenant is responsible for paying property taxes, and for making sue that that "Waste" does not occur -- in other words, she is reponsible for maintaining the property, etc.

Anyway, that's the law. Sounds like there is a lot more familial issues that need to be sorted out. If you can't work them out amongst yourselves, or if you can't figure out how to divide stuff up amongst yourselves, you will probably need to hire a lawyer to help you out.
 

Shilah

Junior Member
Life Estate

So what about the fact that the father has passed away and his life estate has expired? We have two deeds. One from the father signing over his half interest, and one from the mother. Both deeds give all four children tenant in common ownership, but both deeds reserve a life estate to each parent.
 

divgradcurl

Senior Member
Advice doesn't really change much. If you do have ownership interest from the Father's expired life estate, then that makes all of the common tenants jointly liable for the property taxes and maintenance with the remaining life tenant. You still don't get to put up stakes and "claim" pieces of the property unles all of the common tenants agree. And any improvements to any part of the property are owned by all of the common tenants.

Mom's "support" of the sister is really irrelevant.

If you are concerned for safety, pay for the maintenance of the fence yourself, and then you can try and get the other common tenants to pay their share of the maintenance later (or you can try to recoup it in the inevitable partition action after the life estate expires).
 

Shilah

Junior Member
Thank you. That is good advice. Now how do we go about maintaining our own personal safety from her since she is a violent person and has been diagnosed as being bi-polar within the last few months? We have had quite a time with her trying to keep us off our own property. I could understand her behavior if we were doiing things to harrass her, but it is the other way around. She yells and cusses at the kids for coming near "her side", and she plays loud music and sics her rotwiler dog on us! The other night I heard him barking and he sounded like he was at our back door... I turned on the porch light, and she was standing there at 11:30 pm looking at our house, and causing the dog to bark out of control! I just left the light on and went to bed. The next day the mom got onto us for turning on the light, and said that we had a prowler and she was protecting us! Yeah! We had a prowler alright! IT WAS HER!
 

divgradcurl

Senior Member
Thank you. That is good advice. Now how do we go about maintaining our own personal safety from her since she is a violent person and has been diagnosed as being bi-polar within the last few months? We have had quite a time with her trying to keep us off our own property. I could understand her behavior if we were doiing things to harrass her, but it is the other way around. She yells and cusses at the kids for coming near "her side", and she plays loud music and sics her rotwiler dog on us! The other night I heard him barking and he sounded like he was at our back door... I turned on the porch light, and she was standing there at 11:30 pm looking at our house, and causing the dog to bark out of control! I just left the light on and went to bed. The next day the mom got onto us for turning on the light, and said that we had a prowler and she was protecting us! Yeah! We had a prowler alright! IT WAS HER!
Honestly? Move. After Mom dies, file a lawsuit to partition the property, take your piece of the property, sell it, and buy somewhere else. You can't really make someone stay off property that they own -- which is the situation you are in, she is as much an owner of the property that you are occupying as you are -- so the best you could do is leave yourself.
 

Shilah

Junior Member
Even better advice! That is what I have been trying to convince my husband that needs to happen. Because, if I understand all of this correctly...I won't ever be able to call this my land too if my husband were to pass away. I know he can will his share to me, but I will still be shared owner with them. Yes...we need to leave.

Now, about the fence...until we can leave. The fence was erected by her in an effort to block us from what she is calling HER property. Therefore we do not want to repair it, even if we had the money to do so. Can she do anything to us for removing the fence? ie...destruction of property? But if we must allow her to have it, can I somehow force her to repair it? We don't have the money for repairs, and she does not either. She has erected a rotten ugly falling apart piece of junk! She also has stopped weed-eating on this side of the fence, and since we are not allowed over there, we can't do it either. This land is a snake pit and we have to keep everything cut low to keep them down. Can we make her take care of that as well?
 
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