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bdustin

intentional infliction of emotional distress

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me and my sister was given land  as a gift , however her name is only list  the deed and my name is listed  in a document that states( undivided 1/2 interest) . The documents where drawn up from a lawyer doing the land transfer.

​First she divided. she put half in her husbands and her name and the other half  in just her name.

Then she rented the land out to a neighbor who she let. put a restraining order on me . to keep me off the land.

do I have any legal right to the land, being my name is mention as having 1/2 interest, however my name is not on the land deed.

also I am have a nervous breakdown, she keeps adding salt to the wound. Do I have any cause for a lawsuit for (intentional infliction of distress) ?

Thanks!!!!  

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Do I have any cause for a lawsuit for (intentional infliction of distress) ?

 

 

No,

 

But, depending on the nature of the "document" to which you refer, you may have cause to sue for your half interest in the property.

 

Consult a real estate attorney. Be prepared to spend many thousands on a lawsuit. If you aren't willing and able to do that then accept that fact that you were snookered and get on with your life.

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also I am have a nervous breakdown, she keeps adding salt to the wound. Do I have any cause for a lawsuit for (intentional infliction of distress) ?

Thanks!!!!  

 

None of what you have stated (and you have given us very little of the facts) supports a claim for intentional infliction of emotional distress. Many things in life and our dealings with others may cause stress or even distress but the vast majority of them are things for which you may sue. The courts are not there to resolve every hurt feeling that someone gets.

 

There is obviously more to this than you have stated here. Without all the facts I cannot say what claim you may have to a share of the land or what you might be able to do to get the restraining order lifted. I suggest you see a lawyer in your state to review all the documents related to the land and to discuss the restraining order and find out what options you have.

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It isn't clear who gifted you the land and under what circumstances. Where is it stated that you have a half interest in the land? Presumably whomever gave the gift would have transferred the deed to whomever they intended the recipient to be. If your name is not on the deed, it is not your land. Whomever owns the land per the deed, may subdivide it, rent it, or otherwise occupy it in accordance with local regulations. Restraining orders are not just granted for any old reason. You would have had the opportunity to challenge it in court. Did you?

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bdustin,

 

Can you provide more information? The writing you describe may qualify as a deed or work as a conveyance of land to you but it depends on what is written on the deed. What exactly caused your nervous breakdown? Specifically?

 

-The FindLaw.com Team

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me and my sister was given land  as a gift , however her name is only list  the deed and my name is listed  in a document that states( undivided 1/2 interest) .

 

What sort of "document" is it "that states[] undivided 1/2 interest"?

 

 

 

do I have any legal right to the land, being my name is mention as having 1/2 interest, however my name is not on the land deed.

 

If the deed only lists your sister's name, then she is (or was at the time the deed was made, delivered, and recorded) the sole owner of the property.  Whether this other "document" confers any rights on you is obviously impossible to know without reviewing the document or at least having a clear description of it and what it says.

 

 

 

also I am have a nervous breakdown, she keeps adding salt to the wound. Do I have any cause for a lawsuit for (intentional infliction of distress) ?

 

How could we possibly know?  All you've told us is that "she keeps adding salt to the wound."  What does that mean?  In other words, what exactly is she doing?

 

By the way, what does any of this have to do with the subject of this board (professional malpractice)?

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No,

 

But, depending on the nature of the "document" to which you refer, you may have cause to sue for your half interest in the property.

 

Consult a real estate attorney. Be prepared to spend many thousands on a lawsuit. If you aren't willing and able to do that then accept that fact that you were snookered and get on with your life.

 

What sort of "document" is it "that states[] undivided 1/2 interest"?

 

 

 

 

If the deed only lists your sister's name, then she is (or was at the time the deed was made, delivered, and recorded) the sole owner of the property.  Whether this other "document" confers any rights on you is obviously impossible to know without reviewing the document or at least having a clear description of it and what it says.

 

 

 

 

How could we possibly know?  All you've told us is that "she keeps adding salt to the wound."  What does that mean?  In other words, what exactly is she doing?

 

By the way, what does any of this have to do with the subject of this board (professional malpractice)?

 

thanks for the reply , not sure why it got on the malpractice board. the salt is renting the crop land to a hateful neighbor for a couple $100  when it is worth $10,000 +   so I cant work the land myself, letiing his cattle destroy my personal property on the land.  saying she is going to sell with my stuff on the land. I have close to $100,000 of personal property on the property. I will post the real estate transaction details tomorrow, gotta go right now

Thanks

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the salt is renting the crop land to a hateful neighbor for a couple $100  when it is worth $10,000 +   so I cant work the land myself, letiing his cattle destroy my personal property on the land.

 

That's not even the slightest bit legally wrongful.  As far as I can understand your post, the property is owned by your sister and her husband.  Absent some agreement to the contrary, she's free to rent the property to whomever she wants for however much she wants.  It's not clear why you have personal property on the land, but it sounds like you ought to be making whatever arrangements are necessary to remove your personal property.

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