25% ownership in cabin - being sued for stupid things

[butchbr]

What is the name of your state (only U.S. law)? MN
Hello, I'm involved with a stupid matter with family. Being sued by my uncle as newly (due to fathers passing) acquired interest in the family cabin. My brother was executor of the estate, and he and my other brothers name are on the $50K left for tax purposes on the cabin. My uncle and wife who live at the cabin 8 months a year is suing for road maintenance (we use one time, maybe, per year), boathouse repair (we don't use), outhouse septic waste removal (we use one weekend per year - and hasn't ever needed pumping since its inception, 70 years ago), and some other repairs Not approved by us (as I can and have done repairs through the years) and electricity cost.
I believe these are all a percentage ownership charges like we own 25% so we pay 25% electricity when in fact we turn on light bulbs for a weekend.

Does he have a valid claim for these petty things?
Can we just say let's remove the boathouses as we (my brothers and I) don't use them?
If he and his new wife are filling the outhouse and causing all wear and damage on roads, etc. 99.5% of the year, are we liable?

Thank you,
Butch

P.S. I have yet to go up there this year.

 

[latigo]

What is the name of your state (only U.S. law)? MN
Hello, I'm involved with a stupid matter with family. Being sued by my uncle as newly (due to fathers passing) acquired interest in the family cabin. My brother was executor of the estate, and he and my other brothers name are on the $50K left for tax purposes on the cabin.

My uncle and wife who live at the cabin 8 months a year is suing for road maintenance (we use one time, maybe, per year), boathouse repair (we don't use), outhouse septic waste removal (we use one weekend per year - and hasn't ever needed pumping since its inception, 70 years ago), and some other repairs Not approved by us (as I can and have done repairs through the years) and electricity cost.

I believe these are all a percentage ownership charges like we own 25% so we pay 25% electricity when in fact we turn on light bulbs for a weekend.

Does he have a valid claim for these petty things?
Can we just say let's remove the boathouses as we (my brothers and I) don't use them?
If he and his new wife are filling the outhouse and causing all wear and damage on roads, etc. 99.5% of the year, are we liable?

Thank you,
Butch

P.S. I have yet to go up there this year.

The trouble I find with your argument (utilities excluded) is that each co-tenant has equal rights to the use of the commonly owned real property. Moreover, they are each proportionately responsible for necessary repairs and maintenance. And I'm not aware of any case law holding that that responsibility is lessened due to disproportionate use. Not when the needs are due to ordinary wear and tear.

There is a practical solution, however. Which is to force the sale of the property by partition.

And because the issue is most likely to continue to surface time and time again, that is precisely what I would do in your shoes.

Specifically, have your attorney inform the uncle by certified letter (RR) that he either purchase your 25% undivided interest in the property at your stated $ figure on or before a fixed date, OR a petition for partition will be filed. The result being that the property will be sold by the sheriff at a public auction.

The nice thing in doing so is that the uncle would be helpless in trying to divert or squelch the petition as there is no counter. The right of one co-tenant to seek partition is indefensible.

Also, please avoid bold print. The shock value is not there. Unpleasant reading is.