Can we be charged with trespass if we have never been asked to leave by the owner, and we have had permission from him in the past?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can we be charged with trespass if we have never been asked to leave by the owner, and we have had permission from him in the past?
My grandfather and us have owned a farm (we each have different pieces) for years. We obviously have had permission to go onto his property, and have been living with him, at his invitation and repeated consent, for the past 6 months (granddad is 89, and we take care of him.) He went to visit my uncle, who bitterly opposes his decision about letting us live there, and now we get a letter from my uncle saying, “Your granddad wants you to leave, and if you don’t we will file criminal trespass charges. Granddad has never written or told us that he wants us to leave (he is the owner).
Asked on November 29, 2010 under Real Estate Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Is your Uncle in any way in charge of his estate as a conservator or guardian or Power of Attorney? If you have answered yes to any of these then he can ask you to leave and you may indeed have to. If he is not, and Grandad is of sound mind, ask your Grandad if he wouldn't mind you going and having an attorney draw up some kind of lease agreement or easement agreement for the land and the house. You can "rent" it in exchange for services. Then go and see an attorney as to what you should do here. If you think that your Uncle is taking advantage of your grandfather speak with the attorney about that as well and what you can do about it. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.