how to restrict use of 1/5 people on deed on property

[ccpanel]

120 acre farm deeded in 5 siblings names. parents in good health 83/69 living on property

1 sister living on property invited by parents. that same sister making changes and doing things not approved by dad and other 4 siblings. how do we limit her activity to sleeping/eating on property and dis-allow her from making any changes at all to any part of the property? if it comes to it-can we evict her irregardless of parents input? they are no longer deeded owners but being allowed to live there until death. deeds have been recorded with Tehema county in california

 

[dee_dub]

how do we limit her activity to sleeping/eating on property and dis-allow her from making any changes at all to any part of the property?

She's a 1/5 owner of the property. She's allowed to make changes if she likes. She can't do so over the wishes of the other owners. So you all get together and tell her to stop.

if it comes to it-can we evict her irregardless of parents input?

Not without a court order, which is unlikely to issue as long as she is a part owner.

 

[ccpanel]

She's a 1/5 owner of the property. She's allowed to make changes if she likes. She can't do so over the wishes of the other owners. So you all get together and tell her to stop.

Not without a court order, which is unlikely to issue as long as she is a part owner.

so what if she goes against explicit written wishes of the other owners and ignores them?

is there any sort of restraining order that would make it illegal for her to make any changes unless all owners sign off?

 

[ccpanel]

She's a 1/5 owner of the property. She's allowed to make changes if she likes. She can't do so over the wishes of the other owners. So you all get together and tell her to stop.

so who enforces the "..She cant do so..."?

 

[dee_dub]

What kinds of things is she doing to the property? Is it impairing the value? Is she demanding contribution from the other owners? Is she doing it to the particular part she is living on, or to the whole thing?

I would suggest you canvass the possibility of drawing up a tenancy in common agreement to govern what sort of changes are permissible, who is to have occupancy and under what terms, e.g. occupation rent. Doing it through the courts would be expensive and time-consuming.

 

[ccpanel]

What kinds of things is she doing to the property? Is it impairing the value? Is she demanding contribution from the other owners? Is she doing it to the particular part she is living on, or to the whole thing?

I would suggest you canvass the possibility of drawing up a tenancy in common agreement to govern what sort of changes are permissible, who is to have occupancy and under what terms, e.g. occupation rent. Doing it through the courts would be expensive and time-consuming.

she wont sign or agree to anything that will be proposed-she is hostile to any input or discussion.

she is inviting subcontractors on site to work olive orchard without any contracts-putting all of us at HIGH liability risk.
she is cutting parts of trees, she is taking all income as her own. she is throwing away items from inside the home that our parents live in.
she invited a guy to live there against my parents wishes and against the sibling wishes. he has since left but was there for a few months.

 

[dee_dub]

she is cutting parts of trees, she is taking all income as her own.
I don't know California's laws, but if she is damaging joint property, she is quite likely liable to compensate the other owners for the loss. If she is appropriating profits from the joint property, she is quite likely liable to account for it to the other owners.

she is throwing away items from inside the home that our parents live in.

If these are items of your parents personal property, that would be an issue between them and her. It's not really a co-ownership dispute. What do the parents think of this?

she invited a guy to live there against my parents wishes and against the sibling wishes. he has since left but was there for a few months.

Charge her an occupation rent. She is entitled to 1/5 of the property; without further agreement between you all, she is not entitled to exclusive occupancy or the profits from the property. I suggest you contact a local lawyer to discuss your options. Worst case scenario is you get an order from court for partition sale of the property - which would get rid of the problem but doesn't really sound like what you want. She needs to act reasonably and in concert with the other owners if she wants to avoid that.

 

[ccpanel]

she is cutting parts of trees, she is taking all income as her own.
I don't know California's laws, but if she is damaging joint property, she is quite likely liable to compensate the other owners for the loss. If she is appropriating profits from the joint property, she is quite likely liable to account for it to the other owners.

If these are items of your parents personal property, that would be an issue between them and her. It's not really a co-ownership dispute. What do the parents think of this?

Charge her an occupation rent. She is entitled to 1/5 of the property; without further agreement between you all, she is not entitled to exclusive occupancy or the profits from the property. I suggest you contact a local lawyer to discuss your options. Worst case scenario is you get an order from court for partition sale of the property - which would get rid of the problem but doesn't really sound like what you want. She needs to act reasonably and in concert with the other owners if she wants to avoid that.

not concerned with personal property as much-just as a 'general background' notation.

agreed-we do NOT want to split property. so it sounds like we are down to a lawyer and either suing her for the profits she took or some sort of restraining order to keep her from doing any substantial changes to property without agreement in writing from other owners.

FUN! =/ and expensive.