Real Estate verbal agreement

[anna79]

What is the name of your state (only U.S. law)? Va
My dad and his brother own a property on the river and we have a calender for families to use the place each week. This has been going on for years with no problem and then one of the parties from other family decides they are just going to use place with no regard to who's week it is. Other party shows up and he will not leave or share place. Can a suit be brouht for damages and how long does party have to bring suit? Thanks

 

[JETX]

Can a suit be brouht for damages

Hmmmm... what 'damages' were incurred and by whom??
And if a lawsuit is valid (for any reason) only the OWNERS of the property can sue.

and how long does party have to bring suit?

Depends on the 'cause of action'.

There is NOTHING in your post that even suggests a valid claim.. unless the two brothers want to file a partition suit to sell or divide the property.

 

[tranquility]

While there is nowhere near enough information, *damages*? How was the person hurt, in a monetary sense?

 

[anna79]

Bad vacation

It was my sisters week at the vacation home and she and her husband drove 2 hours w/ boat in tow to be told by cousin that he did not care who's week it was he was not going to leave and they could not stay. We have since tried to get my Dad's brother to sign a document stating the calender is a valid document that give each party assigned that week legal rights to place and they refuse to sign. My Sister had to rent a place after missing two days of vacation somewhere else. My Dad and his Brother have equal share. Thanks

 

[tranquility]

Last time. How much were you hurt? Give a dollar figure.

 

[latigo]

"Bearly" speaking -

(Papa bear to offspring)

“Yes son, you can be anything you want to be when you grow up. . . .

as long as it’s a bear.”

(Bill Schorr “The Grizzwells")

 

[latigo]

I totally disagree with the thinking that the sister has no legal recourse.

The fact that the arrangement involves family members and the use was gratis has no significance whatsoever

Would the naysayers make the same negative argument if the sister had rented a beach cottage and was dispossessed by a total stranger? Or a timeshare owner was physically prevented from exercising his or her rights of scheduled occupancy.

It was a property right that was illegally denied no matter how you cut it.

And the damages would be the fair value of the occupancy measured by what it would cost to rent like accommodations.

 

[JETX]

Would the naysayers make the same negative argument if the sister had rented a beach cottage and was dispossessed by a total stranger? Or a timeshare owner was physically prevented from exercising his or her rights of scheduled occupancy.

Would YOU know the difference between a 'breach' in a FREE stay versus a paid one?? Apparently not.

It was a property right that was illegally denied no matter how you cut it.

No it wasn't. The 'sister' had no legal 'right' to the stay... it was a courtesy (even though it had been long-standing, it is NOT a 'right' since she has NO ownership and was not paying).

And the damages would be the fair value of the occupancy measured by what it would cost to rent like accommodations.

Simply.... wrong. She was expecting something for free and didn't get it. Can't make it more simple than that.

 

[tranquility]

Damages are the key as only there do we know if there is enough to make litigation worthwhile. Litigation will be expensive. Why? Well, because the analogy:

Would the naysayers make the same negative argument if the sister had rented a beach cottage and was dispossessed by a total stranger? Or a timeshare owner was physically prevented from exercising his or her rights of scheduled occupancy.

Isn't quite correct. There are not property rights here so much as contractual ones. In a timeshare, there is a contractual relationship and not true ownership. Here:

My dad and his brother own a property

An owner has the right of possession.

So, we would have to argue there is a contract of some sort with an exclusive right of possession. If dad says A can be there and brother says B can be there and B is on the schedule, who is the defendant if B wants to sue?

This is not an easy case even if all the facts are accepted. If there isn't a lot of damages, it is not going to be worth a lawsuit.

 

[latigo]

No, in this instance we are not dealing with a property right in the sense of ownership. But we are talking about a property right as a right to the exclusive possession and use, albeit temporary, of a parcel of land and its improvements.

And it doesn’t make a whit of difference as to the agreed term of the possession - or whether it was donated - or made in consideration of love and affection - or quid pro quo.

Furthermore, an owner of real property DOES NOT have the right of possession where the owner lets the possession to a third party.

This “IT WAS FREE” argument has no legal merit. No more than to claim that had the brothers given her family the free use of a pickup for the week to hunt huckleberries that some other relative could with impunity commandeer the truck because the woman didn’t pay for its use.

Then, perhaps, someone can cite legal authority that correlates the extent of the possessory rights to real property granted to a non-owner with the nature of the underlying consideration. But I dare say they won’t find it.

Fini

 

[anna79]

Damages

We have a calender which has been in use for 2 yrs. My sister and husband spent 6 hours preparing for vacation and five hours on road hauling boat July 4 for vacation week. Was turned away by cousin ,they had to go home unpack and found place at Gaston for July 6. Repacked and haul boat to Gaston, cost for Gaston 6nts. $750. Thanks

 

[tranquility]

So, latigo, what is the cause of action and who is the defendant?