Legal Question in Real Estate Law in California

rights to land improvements

We built a house on our property and let my father live in it for 18 yrs. He has purchased some of the material for it as a gift. We never charged him any rent. We would like him to leave now because he sexually approached our children. He now says he owns an interest in it and is claiming financial reimbursment before leaving. Can he force us through a court of law to reimburse him for moneys he put into improvements and building materials?


Asked on 1/15/07, 10:05 pm

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: rights to land improvements

You should immediately remove him from the property. Failing to do so exposes you to the possibility of having CPS involved in your life. Allowing him to remain in contact with your child will be considered to be a failure to protect. That can result in your children being removed from your home.

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Answered on 1/25/07, 12:22 am
Judith Deming Deming & Associates

Re: rights to land improvements

Your father can file suit for any ridiculous thing he wants, and can make any wild claim he wants--but when it comes time to prove it in court, unless he can establish that you agreed to transfer an interest in your property to him just because he donated a few building materials in lieu of rent, he will lose. More importantly, if you do not REMOVE this disgusting excuse for a grandparent from your home, or file a criminal complaint on behalf of your children, then you are criminally negligent parents! The guy is a maggot--tell him to take a hike and if he does not get out, get the police involved ASAP.

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Answered on 1/15/07, 11:54 pm
Daniel Harrison Berger Harrison, APC

Re: rights to land improvements

As an additional comment to what the other lawyer wrote you, if your father is demanding a small amount of money (or an amount you can afford), just pay him to get him out of your house. Although he may not be legally entitled to any money, that may be a quick way to get him to move out. Also, you may be able to sue him for return of the money once he moves out, if you can show you were essentially extorted and he didn't have a right to any money.

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Answered on 1/16/07, 12:40 am


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