Firewood Processor Forum

30 years ago my grandfather died and left his land to my father and his siblings. On the deed it states for a road to be built in a specific place so that all siblings could use it to get to each others land. Road was only to be built right on property line. My aunt(my fathers sister)and her husband built road acording to deed, or so they thought. They hired surveyer and built road them selves. For the past 30 years the land on one side of the road was his, and the other side my fathers. 2 years ago my bother started to built a house on my fathers land using the road as access. One day my aunt and uncle found out that he was gay and told him that he didn't want "his kind" using "his" road. For the sake of argument he stopped using it. My brother decided to build a different road back away on my fathers land. He hired a surveyer and found out that the original road was not on the line. my uncle found out, barricade road and put up no trespassing signs up. He is saying that the land on both sides of the road is his now. He called the police and said we were trespassing. My trailer is 3/4 the way on his land. We have been paying lot rent for almost 20 years. They served me a eviction notice to remove my house trailer from his property. Sighted that i cut down his trees for firewood. I cut 1 tree down a year ago that was leaning on my house. He gave me full permissin to do so. Can he do this? Can he take my dads land and evict me because my brothers gay? PLEASE HELP

you need to see a lawyer and sort out who owns the land

You need an attorney. Laws differ by states, it will probably be determined the land on the other side of the road was abandon for legal purposes, and you have full right to it under the law of adverse possession. You need legal help, not kids answering your questions. Good luck

How did the new survey differ from the old survey and is there any explanation for the difference? Has anyone else had a recent survey? Is any of the land landlocked or is other road access possible (to be built) for cooperating siblings (you said your brother stopped using their road)?

Adverse possession often requires paying taxes on land in order to claim it, along with living on it or farming it without permission (more than just mowing the lawn). You cannot claim adverse possession of a road, but some states have prescriptive easements. Web search requirements for "adverse possession" or "prescriptive easement" for your state.

I owned property in northern Wisconsin and the person who subdivided it mismarked the boundaries based on a survey from 1910. I did not realized that I had about 100 ft more property than I should have on one end (for 12 years). But someone else had built a cabin on stilts on what they thought was their property, and they had to move it. We also had easement issues, but I sold my property to an adjoining neighbor who did not need the easement before that all came to a head, so I do not know if or how that was resolved.

Who's name is on the deed? If your name is not on the deed and only your uncle's name,then he can do whatever he wants with the land because in a legal sense it belongs to him.
The land should have been divided up and deeds issued to everyone in their own name.
It is certainly wrong what he is doing but from a legal angle if his is the name on the deed it would be almost impossible to stop him.