Legal Question in Real Estate Law in California

Re: property

I agree with attorney Whipple, however, to a large degree (because I assume giving what is happening that there very likely are NO written agreements among the co-owners) the answer to your question lies in how title is held. Under a typical co-tenancy (tenants in common ownership), absent an agreement to the contrary, all owners have equal rights of access and use of all of the property. Additionally, parents are probably legally entitled to reimbursement of what they are spending to pay down the mortgage. A further problem is that brother who installed the modular (is it a modular which would be a fixture to the property, or a manufactured home which could be personal property installed on the land an not a fixture?) is also likely entitled to reimbursement from the other co-tenants for the value added by the installation of the home. You really need to consult with an attorney as this is way too complex to be dealt with on this forum.

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Re: property

I must agree with my two colleagues. This sounds like a fairly complex issue in which you would need an attorney. In any event, I don't understand why the parents would pay rent for 1/2 a modular on land they are paying for?

You should write back with information on the names on title to the property and how it is owned. We'd be able to answer your questions a lot better at that point.

Re: property

Are there any written agreements between any of the three (or four, counting both parents)?

Is the modular paid for? Is it affixed to the land? With full permits?

Is the three-way split legal? Did the lender the parents are paying approve the three-way split?

This is all WAY too informal and loosey-goosey. This family needs to get its act together. Legal lot splits. Contracts. Agreements. Permits.

The parents probably cannot remove another person's name from title without that person's consent, but no one can tell for sure what anyone's rights are here without looking at how title is held on the official county records, whether there is indeed a lot split or merely co-ownership of one undivided parcel, whether the modular is assessed real property or not, whether the lack of written agreements can be patched over by applying estoppel principles, and so on.

I take it you are the younger brother. In my view, this is a serious mess. Preserving family unity is an issue too, but all of you need to take a deep breath and get the full facts in front of a lawyer.

Question #1 is why are parents paying for land that ungrateful brother wants to kick them out of?

If the modular is on land in which parents can claim an interest, they may also be able to claim an interest in the modular as well, and if so, cannot be charged rent or evicted.

However, I would need to see all the facts and history in order to form a real opinion or give any solid advice.