Legal Question in Real Estate Law in New York

preventing me from going into back yard

I live in and co-own a house with my parents. I have a pet rabbit that I keep in the backyard. The only access to the yard is through a gate. My father insists I keep the gate locked at all times but I find it inconvient. I have to feed, clean & check on the rabbit at least 4 times a day. It is my yard too and I don't care to keep it locked and I don't care for him telling me what to do. I am 37, I am not a child. He claims the yard belongs to him and I have no right to go out there or keep my rabbit out there. I lock the gate at night. He is threatening to change the lock and not give me the key. What are my rights? If he changes the lock should I contact the police?

My father likes to start trouble and start arguments with me and believe me that's all this is really about.


Asked on 9/02/08, 5:43 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: preventing me from going into back yard

Having both ownership and possession of the house you have the right - with your father - to control various parts of the house.

As an owner - depending on the language in the deed- you would have the right to partition. That means that you may force the sale of the house and divide net proceeds between you and your father.

Mike.

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Answered on 9/02/08, 8:30 am


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