trashed property

[ZOIE]

What is the name of your state? Indiana One set of my cousins own 1/2 of the property. My sisters & I own 1/4 & my Aunt & Uncle owns the other 1/4. Situation: The Aunt, Uncle & their kids have trashed the property over the years. And we (my sisters, me & my cousins) want it cleaned up. I mean TRASH, GARBAGE, OLD mobile home, truck, old camper, etc... The trash has even crawled onto the State's property! The State has sent a notice to get it off of their property NOW! Is there anyway we can legally make them clean-up all their trash or at least pay for all of the clean-up? Thank you for any help.

 

[FarmerJ]

If you get it cleaned up then take the non paying owner to small claims court and ask them to pay up .

 

[JETX]

Q) "Is there anyway we can legally make them clean-up all their trash or at least pay for all of the clean-up?"
A1) Partly. Your post asks for them to pay ALL of the costs and, since you are a part owner, they can't be forced to pay your costs also.

My suggestion:
Get an estimated price for having the trash removed and hauled off. When you get the price, have the group of you (not just one person) each sign a letter to send to the rest of the owners. Explain the trash on the property and that the state has ordered it cleaned (at least the part that they can control). You might also include that the county or town is also wanting the property cleaned. Suggest that all owners split the cost pro-rata (based on a percentage of ownership). Include a separate 'agreement' for each person to sign showing that they accept their portion of the cost or that they refuse and ask them to return the agreement to you within 7 days. You might even include a SASE for them. Close with a very polite line something like, "In the event that you refuse to be included in the cost sharing or fail to respond to this request, we will be forced to proceed with the required cleanup and to place a lien against your ownership to recover your portion of the cost." Send it certified RRR to each party. Keep all records.

Then, if they refuse or fail to return, you could either file a small claims judgment to recover the costs, or attempt to file a lien (dependent on your states allowable lien laws).

 

[ZOIE]

I am paying to have my Mom's cabin torn down & disposed of properly. But the rest of the trash really does belong to just one branch of the family! Us other two branches are willing to help with the clean up, but feel that the other branch needs to at least pay for the dumping fees. I like your suggestion on having ALL the parties that want the clean up to sign the papers that are sent crrr to the trashy people so they won't think it's just a few of us. Also I will include in the letter the cost of the dumpster so they know what we are asking them to pay.