# Legality question involving land **URL:** \ **Category:** Factual Questions\ **Created:** [June 28, 2007, 9:15pm UTC](https://boards.straightdope.com/t/legality-question-involving-land/409825 "2007-06-28T21:15:22Z")\ **Posts on this page:** 14\ **Page:** 3
**Author:** ![Shagnasty](https://avatars.discourse-cdn.com/v4/letter/s/9dc877/32.png) [@Shagnasty](https://boards.straightdope.com/u/Shagnasty)\ **Post date:** [June 28, 2007, 11:49pm UTC](https://boards.straightdope.com/t/legality-question-involving-land/409825/41 "2007-06-28T23:49:51Z")
[QUOTE=Ms. Pumpkin] Once again: I am NOT looking for “tricky legal maneuvers”. I fully intend to pay these people what I owe them. I was simply wondering about the legality of the entire situation, and simply WONDERING what could happen if I continue ignoring my bills. Not trying to sound harsh, just making absolutely sure everyone understands the nature of my questions. [/QUOTE] You aren’t being harsh but I think you need to think about the generalities of what people are telling you. I was going to say I never heard of such an arrangement but then I realized I had many, many times. In my home state of Louisiana, people almost always own the land that their primary home sits on but the most common “vacation home” there is some type of hunting or fishing lot with a trailer home or some type of cabin on it. People lease the land and then move their little slice of heaven on to it. Many keep of the lease for decades and some of the structure become quite permanent as various things like porches are added on. Sometimes, the people that own the structure let it get run down or simply stop going there and then they often don’t have any motivation to pay a crew to come in and move it or destroy it. The landlords have no choice but to do it themselves at some point so that they can lease the land again which seems quite reasonable. The main difference with you is that you live it all the time but that may or may not make any difference with the laws of your state. ---
**Author:** ![Zambini57](https://avatars.discourse-cdn.com/v4/letter/z/4491bb/32.png) [@Zambini57](https://boards.straightdope.com/u/Zambini57)\ **Post date:** [June 28, 2007, 11:49pm UTC](https://boards.straightdope.com/t/legality-question-involving-land/409825/42 "2007-06-28T23:49:58Z")
[QUOTE=Shagnasty] You need to sit back and carefully think about how your thought process got that way. He gave one cite but there are countless others and it was pretty clear that the ruling applied to just about everyone. The only time you need the lawyers is when the whole thing goes to hell and there is a real dispute like there is here. The judge is there to figure out how your informal lease applies to the dispute at hand. [/QUOTE] Oh, “like there is here”? So, you’re saying she needs a lawyer. Dude, the lady can’t even pay her rent. That’s what got this whole ball rolling. Even if she could afford it, there’s not a lawyer in the land that will touch it. It’s trivial, and there’s no money in it. Most sensible people would just say: “Take a lesson and next time, get it in writing. This is 2007, not 1807.” ---
**Author:** ![Zambini57](https://avatars.discourse-cdn.com/v4/letter/z/4491bb/32.png) [@Zambini57](https://boards.straightdope.com/u/Zambini57)\ **Post date:** [June 28, 2007, 11:53pm UTC](https://boards.straightdope.com/t/legality-question-involving-land/409825/43 "2007-06-28T23:53:01Z")
[QUOTE=Richard Parker] I’m sorry, again, what you’re saying is simply false both in theory and in practice. Indeed, if only lawyers got such legal superpowers! Unfortunately, no, the law is the law, and it applies to all. [/QUOTE] Only if you know about it. ---
**Author:** ![Ms.Pumpkin](https://avatars.discourse-cdn.com/v4/letter/m/a87d85/32.png) [@Ms.Pumpkin](https://boards.straightdope.com/u/Ms.Pumpkin)\ **Post date:** [June 28, 2007, 11:54pm UTC](https://boards.straightdope.com/t/legality-question-involving-land/409825/44 "2007-06-28T23:54:07Z")
[QUOTE=Zambini57] Even if she could afford it, there’s not a lawyer in the land that will touch it. It’s trivial, and there’s no money in it. [/QUOTE] Aren’t you contradicting yourself? How is there no money in it if it’s going to cost me so much that according to you I can’t even afford it? ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [June 28, 2007, 11:56pm UTC](https://boards.straightdope.com/t/legality-question-involving-land/409825/45 "2007-06-28T23:56:31Z")
[QUOTE=Zambini57] Oh, “like there is here”? So, you’re saying she needs a lawyer. Dude, the lady can’t even pay her rent. That’s what got this whole ball rolling. Even if she could afford it, there’s not a lawyer in the land that will touch it. It’s trivial, and there’s no money in it. Most sensible people would just say: “Take a lesson and next time, get it in writing. This is 2007, not 1807.” [/QUOTE] Most lawyers will briefly consult for free, especially on a matter such as this. If there’s an obvious answer (and there may well be in that jurisdiction), a good lawyer will usually just say so without charging you. ETA: Also, many areas offer free or low-cost clinics for just this sort of situation. > [@Zambini57](#): > > Only if you know about it. Hmm, I wonder how one could go about finding out what their legal rights are? Oh, I know, you talk to a lawyer! ---
**Author:** ![Zambini57](https://avatars.discourse-cdn.com/v4/letter/z/4491bb/32.png) [@Zambini57](https://boards.straightdope.com/u/Zambini57)\ **Post date:** [June 29, 2007, 12:00am UTC](https://boards.straightdope.com/t/legality-question-involving-land/409825/46 "2007-06-29T00:00:32Z")
[QUOTE=Ms. Pumpkin] Aren’t you contradicting yourself? How is there no money in it if it’s going to cost me so much that according to you I can’t even afford it? [/QUOTE] Buh? If you can’t pay for it, there’s no money in it. And what the hell are we talking about anyway? ---
**Author:** ![Ms.Pumpkin](https://avatars.discourse-cdn.com/v4/letter/m/a87d85/32.png) [@Ms.Pumpkin](https://boards.straightdope.com/u/Ms.Pumpkin)\ **Post date:** [June 29, 2007, 12:09am UTC](https://boards.straightdope.com/t/legality-question-involving-land/409825/47 "2007-06-29T00:09:07Z")
[QUOTE=Zambini57] Buh? If you can’t pay for it, there’s no money in it. And what the hell are we talking about anyway? [/QUOTE] No, you said even if I could afford it, there would be no money in it. ---
**Author:** ![Zambini57](https://avatars.discourse-cdn.com/v4/letter/z/4491bb/32.png) [@Zambini57](https://boards.straightdope.com/u/Zambini57)\ **Post date:** [June 29, 2007, 12:11am UTC](https://boards.straightdope.com/t/legality-question-involving-land/409825/48 "2007-06-29T00:11:08Z")
[QUOTE=Richard Parker] Most lawyers will briefly consult for free, especially on a matter such as this. If there’s an obvious answer (and there may well be in that jurisdiction), a good lawyer will usually just say so without charging you. ETA: Also, many areas offer free or low-cost clinics for just this sort of situation. Hmm, I wonder how one could go about finding out what their legal rights are? Oh, I know, you talk to a lawyer! [/QUOTE] Yeah, you talk to a lawyer if you have a clue that you may have legal recourse. But, there are plenty of people who slip and fall in stores, get screwed by employers or get taken in mundane dealings who think “Welp, too bad for me!” They have no clue what their legal rights are, and wouldn’t dream of consulting a lawyer because of the potential costs involved. But, we are way off topic. If you want to start it somewhere else, go ahead. ---
**Author:** ![Ms.Pumpkin](https://avatars.discourse-cdn.com/v4/letter/m/a87d85/32.png) [@Ms.Pumpkin](https://boards.straightdope.com/u/Ms.Pumpkin)\ **Post date:** [June 29, 2007, 1:14am UTC](https://boards.straightdope.com/t/legality-question-involving-land/409825/49 "2007-06-29T01:14:34Z")
I just mailed them a check. It’s not the full amount I owe them, but it’s _something_. ---
**Author:** ![Zambini57](https://avatars.discourse-cdn.com/v4/letter/z/4491bb/32.png) [@Zambini57](https://boards.straightdope.com/u/Zambini57)\ **Post date:** [June 29, 2007, 1:35am UTC](https://boards.straightdope.com/t/legality-question-involving-land/409825/50 "2007-06-29T01:35:46Z")
[QUOTE=Ms. Pumpkin] I just mailed them a check. It’s not the full amount I owe them, but it’s _something_. [/QUOTE] If I was them, I’d call a lawyer on YOU. ---
**Author:** ![Ms.Pumpkin](https://avatars.discourse-cdn.com/v4/letter/m/a87d85/32.png) [@Ms.Pumpkin](https://boards.straightdope.com/u/Ms.Pumpkin)\ **Post date:** [June 29, 2007, 1:41am UTC](https://boards.straightdope.com/t/legality-question-involving-land/409825/51 "2007-06-29T01:41:48Z")
[QUOTE=Zambini57] If I was them, I’d call a lawyer on YOU. [/QUOTE] I don’t know what the fuck your problem is with me, but I invite you to excuse yourself from my thread, now. Thanks. ---
**Author:** ![Shagnasty](https://avatars.discourse-cdn.com/v4/letter/s/9dc877/32.png) [@Shagnasty](https://boards.straightdope.com/u/Shagnasty)\ **Post date:** [June 29, 2007, 1:58am UTC](https://boards.straightdope.com/t/legality-question-involving-land/409825/52 "2007-06-29T01:58:12Z")
[QUOTE=Zambini57] If I was them, I’d call a lawyer on YOU. [/QUOTE] In Mother Russia, lawyer solicits YOU! Sorry, it had to be done and there was no way to go in lower at this point. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [June 29, 2007, 2:46am UTC](https://boards.straightdope.com/t/legality-question-involving-land/409825/53 "2007-06-29T02:46:50Z")
[QUOTE=Ms. Pumpkin] Disclaimer: I am asking this out of curiosity only, I am aware that I need to hire a lawyer of my own if I plan on taking any action in regard to my situation. * * * Is this even legal? If I were to stop paying these people, could they do anything? [/QUOTE] As a poster: There are several examples of leashold land ownership. In Hawaii, a large proportion of the land is leasehold. [http://www.osman1.com/leashold.html#INTRODUCTION](http://www.osman1.com/leashold.html#INTRODUCTION) > **[Hawaii Housing Authority v. Midkiff](https://en.wikipedia.org/wiki/Hawaii_Housing_Authority_v._Midkiff)** > > Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984), was a case in which the United States Supreme Court held that a state could use eminent domain to take land that was overwhelmingly concentrated in the hands of private landowners and redistribute it to the wider population of private residents. Only 72 landowners owned 47.5% of the fee simple titles in the island of Oahu, and the Hawaii State Legislature concluded that there was an oligopoly in land ownership that was "skewing the State... Also, mobile home park residents frequently rent their lots and own the mobile home. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [June 29, 2007, 2:55am UTC](https://boards.straightdope.com/t/legality-question-involving-land/409825/54 "2007-06-29T02:55:07Z")
As a moderator: The factual portions of the OP have been answered. The rest of the OP is seeking specific legal advice, and needs to be answered by a licensed attorney in your jurisdiction. Thread closed. **Gfactor** , General Questions Moderator [Previous page](https://boards.straightdope.com/t/legality-question-involving-land/409825.md?page=2)