Legal Question in Landlord & Tenant Law in California

In approx. 2008, I made a verbal agreement with a relative to park my Travel Trailer RV on their 6.5 acre remote vacation property. This was a 100% verbal agreement (witnessed and negotiated by the owners son) that stipulated, assumed and established that the trailer and land will be used periodically by me and my guests for it's intended use, that is to say for family entertaining and camping. The property includes a Cabin (for which I was given a key and the burglar alarm code), a porta-potty (for which I paid for as a good will gesture), a horseshoe pit, BBQ area, children�s play area and other recreational items and equipment for our use. In addition to me and my wife and kids, approx 20+ other family members have the same form of access to the property. None of the others pay, but this is not a issue to us as a family. I pay because I know the family can use it, because I can afford it, and because I keep my trailer there year round. This land, (�The Cabin�) is a family sanctuary with a 50 year old family history. The Cabin was purchased by a late uncle for the sole purpose of providing a safe place for our family to bond, be together and learn to live together. It was (and is) a beautiful concept that has worked to this day. Our uncle died in 1986, but his sister, Marge picked up the torch and kept it alive. Today, the original owner Darell�s bothers and sisters� Children, Grand Children, Great-Grand Children and Great-Great-Great Grandchildren play on the same metal bar he put between two old oak trees for me and my cousins back in the 1960�s. The trees actually grew around the bar to such an extent that the solid steel bar is actually bowing a bit. It will never fall off.

The names of those (�Cabinites�) who have passed on are engraved on a plaque mounted on the oldest tree on the property. In addition to the plaque, there are four people laid to rest on the land. They asked to be buried there. My father is one of them. I am on a waiting list, and the list is pretty long.

We (I) represent the next generation after Marge and Darell, and we are striving to pick the torch up with grace and dignity. We�ve take special care of the land, and as best we can, the old house. Mowing, cleaning, cutting, pruning, hauling, etc. Six and a half acres does not take care of it self. We work hard, as a family, just as Darell and my father would have expected. It is a labor of love.

Enough History,

Basically my trailer has a rented spot on a family owned, private Camp Ground. In exchange for my trailer being available to me there, I agreed to pay my uncle and aunt (Ted and Marge) a monthly sum of $100 year round. My uncle countered with $50 thinking I was offering too much, so I agreed. This verbal agreement solidified and has been held since that time with out issues from either side. Last March, Ted passed away and Marge�s health began to fail (Alzheimer�s), leaving no instructions or will. The (alleged) power of attorney, (�Satan�) who, by the way is a Cabinite, is Marge and Ted�s youngest daughter, who is being investigated (by us) and litigated (by us) for possible Elder Abuse as she is suddenly attempting to sell the Cabin stating that Marge is �totally broke� and �needs the money�. It is common knowledge that Marge and Ted were never �BROKE� and Satan refuses to allow anyone to see the books to help her find a solution. Even her own siblings have been refused access to anything. Not even their family home or the alleged Power of Attorney.

Since discovering that we were starting litigation and had contacted the local Adult Protection Agency, Satan has lashed out with what she could.

A couple days ago, she drove to our family cabin and posted the following signs to anything that sticks:

No Trespassing

Due to pending legal proceedings, the property of 1347 xxxxxxxxxxxxxxxxxx. is now closed to any and all persons. This includes camping on the premises, as well as the use of the Cabin. Any violators will be prosecuted to the extent of the law. Private Property Trespassing Code 555, 602.5 and 602.8

Signed �Satan�

Durable Power of Attorney

In addition, I found this taped to my mailbox at my permanent residence:

Dear Mr. xxxxxxxxx

Subject: Immediate Removal of your Recreational Vehicle

Due to Pending Legal Proceedings, the property of XXXXXXXX, Located at XXXXXX,XXXXXX,XXX is now closed to any and all persons. This including Camping on the premises, as well as use of the cabin. Any violators will be prosecuted to the extent of the law per penal codes 555,602.5, and 502.8.

Please remove your Recreational Vehicle (RV) off the property located at XXXXXX st, XXXXX, Ca. before Thursday, Junly 1,2010. Failure to remove your RV will result in it being towed and stored at your expense.

Thank you,

Shauna xxxxxxxxxxxxxxxx

Durable Power of Attorney for

Xxxxx xxxxx

Fourth of July is the Cabin Event of the summer. We usually have between 30 and 75 men, women and children on property, including Shauna�s own brother and sister, as well as their children and grandchildren. (BTW- if you�ve lost track, that would be Marge and Ted�s own kids and grandkids) Shauna is trying to shut us down for no reason other than spite. In summary, she is attacking the family because we are attacking her on the grounds that she will not disclose important financial documents to her own siblings, but at the same time attempting to sell her parents real property.

Here are my questions:

Having conceded the point that there was no written agreement between Marge, Ted and I, and having established that she needs to legally evict me (30 Days) to get me and my trailer off the property,

Does my verbal rental payment constitute renting just some undefined �Piece� of the property with appropriate and necessary easements, or does it give me renter�s rights over the entire property.

That is to say, if I am a renter of the land, then do I not have the right to who can go and who can stay? Again, there was no written contract, so what is the legal assumption in this case?

The best news I can hope for is there is legal standing for me to say �Hey, I pay rent for this land and Satan has to leave, but the rest of you can stay�.

Do I have a leg to stand on?

On and one more thing, the Porta-Potty that I rented (with my own money) was hauled about by Satan and the rental company was harassed into thinking they could get sued if they put it back.


Asked on 6/30/10, 11:49 am

1 Answer from Attorneys

You have provided too many facts and asked too many questions, express or implied, to possibly answer it all correctly in a free BBS forum. What I can tell you is that it sounds like she is entirely within her legal rights pending the outcome of the litigation and elder abuse proceedings. It sounds like she is getting advice of counsel, and they are advising an agressive and advesarial, but legally supportable course of action for her to take. Unfortunately the larger a family the more likely a bad seed will sprout. If family ties could be counted on to hold indefinitely without turmoil, conflict and strife arising, the Bible, many Shakespear plays, and most of European History would be a hell of a lot less interesting.

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Answered on 6/30/10, 3:27 pm


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