Can we be charged with trespass if we have never been asked to leave by the owner, and we have had permission from him in the past?

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Can we be charged with trespass if we have never been asked to leave by the owner, and we have had permission from him in the past?

My grandfather and us have owned a farm (we each have different pieces) for years. We obviously have had permission to go onto his property, and have been living with him, at his invitation and repeated consent, for the past 6 months (granddad is 89, and we take care of him.) He went to visit my uncle, who bitterly opposes his decision about letting us live there, and now we get a letter from my uncle saying, “Your granddad wants you to leave, and if you don’t we will file criminal trespass charges. Granddad has never written or told us that he wants us to leave (he is the owner).

Asked on November 29, 2010 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Is your Uncle in any way in charge of his estate as a conservator or guardian or Power of Attorney?  If you have answered yes to any of these then he can ask you to leave and you may indeed have to.  If he is not, and Grandad is of sound mind, ask your Grandad if he wouldn't mind you going and having an attorney draw up some kind of lease agreement or easement agreement for the land and the house.  You can "rent" it in exchange for services.  Then go and see an attorney as to what you should do here.  If you think that your Uncle is taking advantage of your grandfather speak with the attorney about that as well and what you can do about it.  Good luck.


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