Posted on: 11th Jun, 2013 02:20 pm
My parents passed and left their property (Home and Land) to all my brothers and sister as "Heir Property."
My oldest brother and his wife has stayed in the home for the past fifth (15) years. All brothers and sisters have been in agreement. The only stipulation was that thye take care of the property, pay the real estate taxes and keep insurance on the house.
Recently the home burned - and was a complete lost. The problem now - my oldest brother and his wife are rebuilding (with the insurance money) and all of a suden they are building their home - and not replacing Mom and Dad's home. They are under the mindset that they are building their dream home - since they paid the insurance. Mind you - all the years they have occupied the home - no rent was ever collected. It has been their rent-free place of residency for many years.
My question - can you own property on heir land - even if you build? Can one heir make all the decisions as if he is the sole property owner? Does "ocupancy rights exist in Alabama?
My oldest brother and his wife has stayed in the home for the past fifth (15) years. All brothers and sisters have been in agreement. The only stipulation was that thye take care of the property, pay the real estate taxes and keep insurance on the house.
Recently the home burned - and was a complete lost. The problem now - my oldest brother and his wife are rebuilding (with the insurance money) and all of a suden they are building their home - and not replacing Mom and Dad's home. They are under the mindset that they are building their dream home - since they paid the insurance. Mind you - all the years they have occupied the home - no rent was ever collected. It has been their rent-free place of residency for many years.
My question - can you own property on heir land - even if you build? Can one heir make all the decisions as if he is the sole property owner? Does "ocupancy rights exist in Alabama?
Hi Sirod,
If the property was willed to all of you, then your elder brother and his wife will have to take permission from all of you in order to build their new home on that land.
If the property was willed to all of you, then your elder brother and his wife will have to take permission from all of you in order to build their new home on that land.
Hi Sirod,
As you all were made heir of your parroperty then your brother does not have any right to construct his dream house without discussing with you all. If you all agree on this then only he can construct whatever he wants to.
As you all were made heir of your parroperty then your brother does not have any right to construct his dream house without discussing with you all. If you all agree on this then only he can construct whatever he wants to.
