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Can they legally do this is this a wrongful eviction?

Family Law Discussion Forum

Can they legally do this is this a wrongful eviction?

Postby bercnan72 » Fri Mar 09, 2012 8:48 pm

Ok here is my story. My boyfriend, our daughter, and I have lived in the same trailer on the same land for 6 years now. We have a mortgage on the house but the land is not ours. It belongs to his family. His uncle served us with a paper yesterday stating that they have tried to resolve all issues with us unsuccessfully and we have until April 19th to move our trailer. The issue that he is talking about is a posting I made on facebook calling his wife a ***** bc she accused me of abusing our daughter which never happened. She came and banged on my daughter's window as I was putting her to sleep yelling at me saying she was going to come to my house and check my daughter for bruises. They took a picture of my Facebook post and made copies of it and have shown it to everyone in the family. They were able to spy on my account from another person's account. They also have been video taping our house for almost a year now. They don't even like us having friends over to visit. We never had an agreement for living on the land. Where our trailer sits is my boyfriend's mother's share of the land she has since passed away; we moved in and took over the mortgage payments on the house. My question is can they legally do this since we are not their tenants? Also can I do anything about them making us move away? Is this a wrongful eviction? I live in Arkansas by the way and am not familiar with the eviction laws here. Please only serious replies as this is a very important and personal matter to me. Preferrably answers form someone who knows about eviction laws please.
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Can they legally do this is this a wrongful eviction?

Postby hewlett » Fri Mar 09, 2012 8:54 pm

Alot of this will depend on who is the rightful owner of the land since his Mother passed because if it defaulted over tosomeone else upon her death, then they have a legal right to do this, but if land legally belongs to your BF, then there is little legally they can do here so the first thing here is to find out who the land legally belongs to either by the Appraisers Office or hire an Attorney. And if land belongs to BF, make sure you guys have your own access to it and not on a road that crosses their property or they could cut your access off and may want to think of putting a fence up to divide both lands to prevent future problems once all this is cleared up. Good luck
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Can they legally do this is this a wrongful eviction?

Postby joachim » Fri Mar 09, 2012 8:56 pm

If you do not own the land or do not have a lease they can evict you with proper notice, and it appears they are evicting you legally, every thing else you stated is totally irrelevant.
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Can they legally do this is this a wrongful eviction?

Postby coinleain » Fri Mar 09, 2012 9:02 pm

If you do not own the land or do not have a lease they can evict you with proper notice, and it appears they are evicting you legally, every thing else you stated is totally irrelevant.
Land is not divided like that. One share is not one part and another share another part.

Unless you have a lease, yes, this is legal. They have to give you 30 days to move with the trailer. If you go past that they will evict you, if you abandon the trailer on the land or not.

Since the trailer is not really yours you can't move it, so you will have to move without it. "taking over payments" does NOT mean you own it.
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