Legal Question in Real Estate Law in Hawaii
What legal right do I have , if I am part owner of 2 acres of land, have resided there for 6 years and paid the property tax. I live in an shack that does not have a permit. The co- owner, lives in the mainland and never contributed to the improvements I have personally made: electricity installed, water tank and water pump installed, and other improvements on the land. Now they want to move in my shack and takeover the property and move me out. I am 60 years old and a student at Hawaii Community College. I am on soc. sec. and have no place to go if they should move in. Can you help me? They plan to come to Hawaii at the end of the month?
1 Answer from Attorneys
You and your co-tenants or joint-tenants have equal rights to the "legal" improvements on the lot. However, if you are living in a structure that is not permitted as a dwelling unit, your co-tenants have the right to discontinue that situation as it exposes them to liability. From what you describe, no owners have any right to live in an unpermitted structure on the property. Even if you obtain a retro-active permit for the structure all owners have equal right to reside on the property. Whoever lives on the property owes the other tenants rent for the use of the property individually. The amounts you owe the other owners in rent for use of the property alone may be set off by your payment for any "legal" improvements. This situation may be destined for a partition action which forces separation and sale of the property. You cannot be removed from the property if you are on title without a judgment from a court of law, but you don't have the right to live in an illegal dwelling.
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