Tag Archives: RIGHTS

Can my sister keep me off my mother’s property?

Q: My family owns 52 acres. The property was my dad and uncles and my dad’s part went to my mom when he died. I lived there for over 23 years in the main house but moved into an RV on the property so my mother, sister, and her husband and kids could have the house. I alone paid the 2-year delinquent property taxes. Before that we had all pitched in on them. Then recently, my sister and I had a falling out and my wife and I left for a few weeks to let things calm down and in our absence my sister sold my RV, kept the money, and told my mother that if she allows me to come back to the property, that she will move away and no longer provide care for her. Don’t I have some legal right to be there since I paid the $10,000.00 in back taxes? Can I file charges against my sister for selling my RV?

A: Based on the facts you have given, if your mother and uncle are on the deed to the property, your mother and uncle are the only ones who can exclude you from the property. The only way your sister can legally exclude you from the property is if she is acting under a Power of Attorney for one or both, or gets a court order which bars you from the property. The fact that you paid real estate taxes for them alone gives you no right to be on the property without your mother or uncle’s consent. And yes, if you owned the RV, and have proof your sister sold the RV, you may have a civil claim against her, and she may have even committed a crime. If this was someone else’s RV, like your mothers, and you don’t own it, your sister may be liable for your belongings inside. She basically evicted you without following the law and converted your personal property inside the RV.

I’m on Westmoreland County probation till July.

Q: My husband I go to a local Fireman’s club that we are members of. They have a class C liquor license and serve food. I’ve been a member there for four years. I went to renew my membership and the club escorted me out. They told me I am banned because I’m on county probation. I do not drink. We sit at a table and have some food. They knew I was on probation and never said anything. I know that a kid went to the steward and told on me. Is there anything in the liquor control law statue on private clubs and serving members if they are on probation? I have my probation conditions that state I may not consume alcohol or use any type of drugs (which I do not). Nowhere on my conditions set forth by the county or court say I can’t be in a private membership club.

A: This is not a public place. A private club can set its rules as they wish, if those rules don’t conflict with state or federal law. If their by-laws and club rules do not allow persons on probation to be in the premises, there is not much you can do about it. Your house is private property, and you can tell anyone present to leave if you do not want them in your house. If they do not leave, they are a trespasser. I imagine no private club wants probation officers stopping in to check on defendants.