A parent has two pieces of property. One (a) piece has a house, well, and barn. The other (b) property situated next to it does not have any structures. The parent leaves the first piece (a) to one their daughter the second to the son. But in the parents will, they also give the right to use the well to the son who was given property (b). Also the son was given in the will the right to use the barn with the obligation that he pay for the upkeep, insurance, and taxes on the barn. The son has not kept up the barn, nor paid taxes or insurance, but has the barn filled with junk. If the daughter sells her property would the son still have use of the well or the barn?
1 Answer from Attorneys
The answers depend on the exact language in the will or deeds if the property has been transferred. It sounds like the son's rights to use the barn were contingent on the requirements that he pay insurance and taxes, as well contribute to the upkeep. If he has failed to meet his obligations, he can lose his right to use the barn. Unfortunately the son's rights do not automatically terminate due to his failure to meet his obligations, but there would need to be a court order declaring the termination.
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