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)?
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)?