Trespassing a Person from their own Property?

[MrBungles]

I live in Florida.

My name is on the deed to the house in which I live. So too are the names of two other individuals, neither of whom has ever lived in the house or on the property. To further complicate matters, I have been making payments for several years to buy out the other two owners. Is there any legal precedent for me to trespass the other two owners? Neither of whom are guilty of any crime. For that matter, neither am I. This has got to be one of the most stupid situations ever summarized on this forum, and I am ashamed to be in the thick of it.

 

[xylene]

You haven't really summarized anything...

 

[adjusterjack]

The three of you are joint owners on the deed so each of you has a right to be on and occupy the property. So, no, you cannot "trespass" them.

However, that you

have been making payments for several years to buy out the other two owners.

implies that there may be a contract involved. If that contract specifies that you have exclusive right to occupy the property and they violate that contractual provision you can go to court and seek an injunction (court order) preventing their access to the property. If they disobey the court order they can be held in contempt and punished by the court.

Now the question is: Do you have a contract and does it address the issue of occupancy.

And, to quote xylene, "you haven't really summarized anything..."

So how about explaining what these other two owners are doing that annoys you so much and how you got into this "stupid situation" (as you describe it).

 

[Just Blue]

I live in Florida.

My name is on the deed to the house in which I live. So too are the names of two other individuals, neither of whom has ever lived in the house or on the property. To further complicate matters, I have been making payments for several years to buy out the other two owners. Is there any legal precedent for me to trespass the other two owners? Neither of whom are guilty of any crime. For that matter, neither am I. This has got to be one of the most stupid situations ever summarized on this forum, and I am ashamed to be in the thick of it.

As written above your situation is confusing. What do you mean "trespass the other two owners"? What is going on that apparently is causing conflict between you and the other owners?

 

[MrBungles]

The three of you are joint owners on the deed so each of you has a right to be on and occupy the property. So, no, you cannot "trespass" them.

I can't say that I'm surprised.

Do you have a contract and does it address the issue of occupancy.

No and no.

And, to quote xylene, "you haven't really summarized anything..."

So how about explaining what these other two owners are doing that annoys you so much and how you got into this "stupid situation" (as you describe it).

I'll pass for the moment.

 

[MrBungles]

As written above your situation is confusing. What do you mean "trespass the other two owners"? What is going on that apparently is causing conflict between you and the other owners?

By "trespass" I mean I would like arrange it so that neither of the two may set foot upon our property without my permission. I prefer not to respond to your second question for now.

 

[Just Blue]

By "trespass" I mean I would like arrange it so that neither of the two may set foot upon our property without my permission. I prefer not to respond to your second question for now.

Well, based on the total lack of clarifying facts, you may not legally prevent the owners from accessing their property.

 

[adjusterjack]

By "trespass" I mean I would like arrange it so that neither of the two may set foot upon our property without my permission

You do that with a contract, as I suggested. Consult an attorney. While you are at it, examine what you are paying for and what the goal is when you get finished paying. You can potentially pay them for decades only to find one day that they balk at signing over the property to you.

 

[xylene]

Oh, no contract.... but

I have been making payments for several years to buy out the other two owners.

Hate to break it to you MrBungles, in Florida, purchase agreements for real property MUST be in writing.

You need to get a Florida lawyer, someone you are comfortable telling this terribly convoluted and seemingly very embarrassing situation to with all the details. And the lawyer might just say you... bungled it.

 

[adjusterjack]

Hate to break it to you MrBungles, in Florida, purchase agreements for real property MUST be in writing.

And without one, all he is doing is paying the other two owners' share of the fair rental value of the property. In other words, rent for decades and still own only 1/3.

 

[Taxing Matters]

Hate to break it to you MrBungles, in Florida, purchase agreements for real property MUST be in writing.

Ah, yes, the statute of frauds. An old English law that predates the American Revolution by nearly a century (1677) and that most (if not all) states in the U.S. retain even though the U.K. itself had repealed most of it, including the provision regarding land sales, by 1925. In Florida the law is found at Florida Statutes (F.S.) § 725.01. The wording of Florida's statute of frauds is one of the closer ones I've seen in tracking the ancient language of the original U.K. statute. Interesting that Florida and other states have kept this rule nearly a century after the U.K. got rid of it.

But while the basic rule that contracts for an interest in land must be in writing to be enforceable is what the statute says and is oft repeated, most states have additional statutory or judicial exceptions to the rule that lessen the harshness that can otherwise result. The most common of these exceptions allows the oral contract to be enforced in situations where one party has made full or part performance of his end of the deal. While many states have that exception, the details of the exception vary significantly from state to state. In Florida, the exception is the following:

Where the contract is for the sale of land and the relief sought is for specific performance or other equitable relief, partial performance may remove an oral agreement from the statute of frauds. However, the doctrine of partial performance does not remove the bar of the statute of frauds for actions seeking damages based on the breach of an oral contract.​

LaRue v. Kalex Const. & Dev., Inc., 97 So. 3d 251, 253 (Fla. Dist. Ct. App. 2012).

So all may not be lost by the OP here. If he/she can prove the oral contract and that he has been making the payments, the OP may be able to sue the siblings for specific performance — i.e. to require them to convey their interests to him as agreed in the contract — if they don't live up to their end of the bargain. But the OP would be out of luck, apparently, in suing to also recover any related money damages.

However, these exceptions to the statute of frauds can be difficult to apply and win, and it is always better to get a deal to buy an interest in land in writing to avoid these problems.

You need to get a Florida lawyer, someone you are comfortable telling this terribly convoluted and seemingly very embarrassing situation to with all the details. And the lawyer might just say you... bungled it.

I completely agree that a consultation with a Florida attorney would be an excellent idea given the little that we do know of what is going on here and the questions the OP is asking.

 

[Ohiogal]

I can't say that I'm surprised.



No and no.

And, to quote xylene, "you haven't really summarized anything..."



I'll pass for the moment.

You haven't really been buying the house from them without a contract then. Your agreement fails based upon the statute of frauds.

 

[MrBungles]

Thank you all for your valuable input. It appears as though I have persuaded the other two owners to sign a contract in which they sell me their shares of the real property. Can anyone please direct me to an affordable company where I can purchase something akin to a fill in the blank/DIY mortgage contract?

 

[LdiJ]

Thank you all for your valuable input. It appears as though I have persuaded the other two owners to sign a contract in which they sell me their shares of the real property. Can anyone please direct me to an affordable company where I can purchase something akin to a fill in the blank/DIY mortgage contract?

Please don't be penny-wise and pound foolish. This is something that you have to get right. You need a real estate attorney.

 

[Zigner]

Please don't be penny-wise and pound foolish. This is something that you have to get right. You need a real estate attorney.

Further to this...this forum does not provide referrals.