If I have a guy living on land i own that doesn't have a lease do i have to take this to court?

Question

This guy on land my mother gave to me says he has a ninety nine year lease. However he couldn't produce the paperwork. How do i get him out.

Answer 1

If he can't produce a lease or any paperwork explaining his right to residency on the land, then he doesn't really have any right to be there. Call the cops, and a lawyer, and have him removed. To cover your butt, you should probably send him a formal letter stating that he has thirty days to vacate the property or provide written verification of his lease.

Answer 2

If this was actually true I'm pretty sure your Mother would've mentioned it ,and she would have copies of the papers. Check out the title in the county records and see if their are any covenants, or deed restrictions A lease might not be listed there, but a 99 year lease is likely to be somewhere. See who has been paying the taxes If there are any farmers in the area ask them if they know of any long term lease arrangements.
It is very important that you act quickly as this person may be trying to "attain title by adverse possession" in other words stealing the land by squatting on it. Yes it is a real point of law
and these days more common than 99 year leases.If neither you or the squatter can find any real evidence of an actual
legal arrangement call the police 1st and see if they will
remove them, they may require you to go through a civil eviction (Time to get an experienced eviction attorney they should be able to give you a fairly good idea of a fixed price for the process.) Even if he did have some sort of legitimate agreement it may no longer be valid if he didn't comply with all his responsibilities for the property.

Answer 3

Any lease that long SHOULD have been recorded. If it wasn't and if he can't produce it, you'll have to evict him. Only a court of competent jurisdiction can issue an eviction order.

Don't bother calling the cops as this is a civil matter and they CANNOT help you.

Answer 4

I'd call the police first and see what they say. You may have to get a lawyer and take him to court. It may take a while to get him off your property.