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Using my property for his profit.

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mlsisneros

Junior Member
Washington State
I have 20 acres that I purchased from my father. It is 90 miles from where I live. Since my father passed, I don't go there much but I plan to build and retire there. My stepbrother, who now owns my father's farm, lives on adjoining property. I had to confront him some years back for leasing my property to people with horses at $125 a head without my knowledge or permission. I told him that the property is not his property, it is not family property, it is mine and to stay off of it. When I found out, I gave the people a month to find other accomodations for their horses and charged them $125 for the month. This is the only money I got from it.
Another time a log truck trailer rolled on the curve and ended up in my field. He sold the wood and was overcharging the trucking company to repair the fence. I found out and called the trucking company. Apparently my stepbrother was representing himself as the owner of the property.
He called me the other day and said that he had my fields mowed and is selling the hay for me to help me with the property taxes because I have been umemployed for most of the year. He has $100 for me and is expecting another $140. I found out from another stepbrother today that there were actually 600-700 bails taken. He is using my property for his profit and fraudulently telling people that he is the owner or is representing me. What can I do? I put up no trespassing signs with my phone number as owner and they get torn down.
 


Kiawah

Senior Member
At the current course and speed, you probably will not want to retire and go live next to him. We'll be reading about you guys in the paper with shotgum's pointed at each others house. He's able to get some income from the property to offset the property taxes. Imagine the possibilities if you worked together, as opposed to against each other. You may want to consider selling it to him, and buy another chunk of property somewhere else.

Or. you can go build a detached garage with live in quarters now, and go up there periodically on weekends. This will give you the ability to start taking care of the property, and make it much easier to add on the homestead later.
 
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Mass_Shyster

Senior Member
Washington State
I have 20 acres that I purchased from my father. It is 90 miles from where I live. Since my father passed, I don't go there much but I plan to build and retire there. My stepbrother, who now owns my father's farm, lives on adjoining property. I had to confront him some years back for leasing my property to people with horses at $125 a head without my knowledge or permission. I told him that the property is not his property, it is not family property, it is mine and to stay off of it. When I found out, I gave the people a month to find other accomodations for their horses and charged them $125 for the month. This is the only money I got from it.
Another time a log truck trailer rolled on the curve and ended up in my field. He sold the wood and was overcharging the trucking company to repair the fence. I found out and called the trucking company. Apparently my stepbrother was representing himself as the owner of the property.
He called me the other day and said that he had my fields mowed and is selling the hay for me to help me with the property taxes because I have been umemployed for most of the year. He has $100 for me and is expecting another $140. I found out from another stepbrother today that there were actually 600-700 bails taken. He is using my property for his profit and fraudulently telling people that he is the owner or is representing me. What can I do? I put up no trespassing signs with my phone number as owner and they get torn down.
You certainly have a right to your property, along with a right to exclude your stepbrother. You can sue for trespass, but you are unlikely to recover your attorney fees.

Leaving the land unused certainly is not the best and highest use of the land, but, again, it is your land to do with as you choose.

My inner capitalist says you should put the land to good use until you are ready to retire and build. Obviously, this land can produce income with little of no additional investment, so why not make some money?

You can offer to lease the land to your stepbrother for a flat rate, or for a percentage of the profits. Let him rent it out to horses, harvest hay, and whatever creative ideas he can come up with, and put some money in your pocket.

If you absolutely won't do this with your stepbrother, see if you can find someone else who will lease the land for a similar purpose. That person will also have in interest in excluding your stepbrother.

Like I wrote earlier, you can certainly sue, and probably get a few thousand dollars, but I suspect that would simply pay the lawyer. An interesting case in the right to exclude is Jacques v. Steenberg Homes. Jacques was awarded $1 in nominal damages because Steenberg homes drove across their land after being told they could not. They were also awarded $100,000 in punitive damages. This went to the Supreme Court of Wisconsin, so I suspect that lawyer got most of the $100K.
 

Sheriff10

Junior Member
Are you sure??

"He called me the other day and said that he had my fields mowed and is selling the hay for me to help me with the property taxes because I have been umemployed for most of the year. He has $100 for me and is expecting another $140. I found out from another stepbrother today that there were actually 600-700 bails taken."

If you mean there was 600-700 bails harvested in 1 cutting on 20 acres, I think you received some inaccurate info. If not, what will you take for the 20 acres? I can be there in a flash.
 

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