Legal Question in Real Estate Law in Arkansas
Joint Tenancy Property Rights
My mother, sister and I own 40 acres together as Joint Tenants with Right of Survivorship. We all 3 live on the property's edge next door to each other on 1 acre lots, with our front doors facing the pasture. My sister lives at the end of the road by the horsebarn. She chose her lot first. Mine is the middle lot of the 3. My sister wants to build an arena on the property for her daughter, which I have no problem with. However. she wants to build it directly in front of my house and the length of my property. I enjoy looking out my windows and seeing the horses grazing on pasture and do not want to look at an acre of sand for the rest of my life. Not to menton the bright lights until all hours of the night. I understand that we each have the right to possession. But as she has the right to build, I have the right not to have it directly in my front yard. She and her husband are both very willful and have done things around here from day one without consulting my mother and I. He feels since he is the one that takes care of the property, he has the right to do with it as they want. What can I do to stop them from building this eyesore directly in front of my home?
2 Answers from Attorneys
Re: Joint Tenancy Property Rights
Basically you need to file a lawsuit to partition the land. In a partition suit, the court will divide the land up on a equitable basis between all owners and each owner will solely own their portion.
Once the land is partitioned, your sister will only have rights to what is deemed her land by the courts.
You should probably consult an attorney to assist you through the legal process.
Re: Joint Tenancy Property Rights
Injunction, or restraining order, may work???
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