DEAR LEGAL WIZ,
Good morning my is Kush. I am living in Hanover where my cousin gave me a piece of land to build on. Now that him pass away, his son wants me off the land. I have paid off back taxes for the land. I am living here for 14 years now and I paid for 19 years of taxes. I have stopped paying the taxes about 3 years. Now he has send me a notice how he’s evicting me from the property and how he’s going to destroy my house at my expense. What rights do I have.
Kush
Dear Kush,
First understand you have the right to quiet peace and enjoyment, so you can report him for threats to you and your property and get legal proceedings started.
As for your cousin evicting you, it seems the issues began with you stop paying the taxes. The law is concerned with the persons who currently pays and the last period of 12 years.
However as there are other factors to consider, your case need to be determined once factors listed below are known.
Does a title exist
Was there a will left by the cousin
Was there a signed agreement between you and the cousin
Did the son of your cousin put his name on the title
Be aware that once you have been given a notice, he must follow through with a summons from the Court for an order. That is provided the notice is properly written. However it is for the Judge to decide on whether he gets an order for eviction or not.
There is a legal aid clinic in Montego Bay where you should consider going with the above requested information so your case can be assessed properly. You still have the option to send copies of the same to us for further assessment by our team.
Thanks for writing in.
Legal Wiz
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EDITOR’S NOTES:
The above does not constitute legal advice, and are done by inhouse senior journalists, chiefly Anthea McGibbon, after research and discussion with attorneys-at-law and other specialists, as necessary. Please remember that names are changed at times by request of the person seeking information.
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