if you lease lang (without paying) can you legally kick someone off the land?

The owner of the land who lived locally and kept up with it all passed away a few years back and now it is his kids that own it yet they live out of state. They don’t really care for the property or what goes on with it. A local man and his father claim to lease it, but have actually never paid any rent for the land or have any documentation to prove their claim. The property line is right next to some land that we own and use for riding trails and other recreational uses. If he isn’t actually leasing the land and had permission to ride on parts of the land can he legally kick us off of the property?

2 Responses to “if you lease lang (without paying) can you legally kick someone off the land?”

  1. ca_surveyor Says:

    Well since there is no proof either way at this point you have two venues.

    1) Contact the legal owner(s) of the property and inquire as to the status of the land. Does so and so have their authority in dealing with such issues or not? YOu can get their names and addressess from the County tax rolls if you do not know it. If you reach them, tell them about your past use and ask if it is ok to continue. If you get written permission from them, the neighbor has no right to order you off.

    2) You can challenge his authority by telling him to politely p*ss off. Effectively you call his bluff. Since he can not legally take personal action such as physically remove you, he will have to do it indirectly by calling the local law. To do that he will have to be able to prove to THEM that he has the authority and, once he does that THEY will tell you to stay off.

    BUT.,,,

    If you have been riding those trails for a long time, with or without permission, and in an open and notorious way (anyone could have seen you and challenged you), then you likely have a prescriptive right to continue to do this so if you wanted to press the matter to court you would likely prevail (but against the owners.. not this person).

  2. Eisbär Says:

    Sorry, I just read this again, so I changed my answer.

    You don’t need to have money exchanging hands to have a valid lease if they are using some other form of compensation. Maybe the kids agreed to allow him to live there and in lieu of paying rent, maybe he agreed to tend to the land, and maintain it. I could see this being the case if the kids don’t want to have to deal with it or they have a special relationship with this man such as being a family friend. And in that case, if this guy has a valid right to possess it for whatever consideration they agreed upon, then that guy has a right to quiet enjoyment and also can defend from trespassers.