QUESTION: Hello Legal Wiz,
I have a situation here where the house I reside in for over 12 years my aunt is trying to have me evicted form the property. Here is the situation:
My uncle who is Bi-polar assisted my grandmother to build the property by giving over 7 million to spend in construction cost and land payment cost for both her and I to live that money given built a basement as well as a 1st floor and . Now my Aunt who is trying to evict me as my grandmother is abroad and sometime this year when my grandmother became ill she removed her name form the provisional title or lease that the Housing Agency provides to those who has interest in property. Due to this my Aunt thinks she has all rights to remove whomever she pleases form the property. Just today as I am writing this she gave me notice to quit the premises on the 20th of November 2015. This is what I know so far, My Grandmother will have to bring a civil suit against her claiming that she also has an equitable interest in the property, I also know that if she attempts to forcible remove me form the property after the notice has lapsed then I can bring charges against her. Here is the binder I am in that I need some clarity on, do I have no defense not even under the Limitations of Actions Act to lean on what if I got an expressed letter of permission signed by a notary public form my Grandmother would that be of any merit to remain on the premises until my Grandmother can come form abroad? how about in the situation where my grandmother assigns me power of attorney will I be able to expedite the civil suit against her? Her name may be on the provisional title however my Grandmother has evidence that she has the power of proof of purchase. What are my real options here?
Tamara Francis
RESPONSE: Dear Tamara,
Thank you for writing in.
If you need an attorney’s assistance we can connect you with one. There are multiple issues and yet to address these properly more information is needed. These include whether your mom/dad is alive, whether your grandmother has capacity to write, what is the position of your uncle, whether there is an actual title or a lease being used as proving rights of ‘ownership’, what grounds she had to successfully change names on the title, information on taxes, what exactly does your grandmother and your aunt have that would give her rights to the property.. So research is the first step.
Here are some tips on the issues identified in your brief however
There are different steps in addressing the issue you have if you rely on a title separate from a lease lease.
In deciding an eviction order, where there is a title or lease, the Court will be interested to know whose name appears as the owner, or with rights to the property.
How the names were changed is for a higher court to assess if there was a title. Only at the high court can you bring a claim to challenge the validity of the title or actions to change the registered owner.
So therefore if your aunt has her name on the title, you will need to challenge that in a higher court.
If your grandmother is alive and her name is still on the title or even the lease you may have the option to ask her to give you a letter stating that you have her permission to be on the land.
If there is a lease involved then you will need to do some research at the issuing company
No one can forcibly remove you from the premises without a court order, but after the notice lapses if she has proper documentation she can obtain an order from the court to legally kick you off.
Your query on the issue of limitation as it relates to YOU is not clear. Please feel free to write again.
Legal Wiz
