Brother is using common law to evict me from my own house? Help please

The Unconventional Eviction: When Family Drama Turns into a Legal Nightmare

Navigating family relationships is often complex, but what happens when those dynamics collide with legal issues? One individual shares their alarming experience of being evicted from their own home by a family member, invoking unconventional legal theories.

The Backstory
The situation began during the lockdown when the author’s brother moved in, leaving behind a life in various hotels due to crippling financial debts exceeding £260,000. These debts were not just numbers; they stemmed from multiple cases involving small businesses, many of which escalated to High Court actions, leaving him in the crosshairs of bailiffs. Initially, the brother appeared to be stable, yet his behavior gradually became erratic, fueled by an obsession with common law principles and the freemen-on-the-land movement.

As the lockdown progressed, his beliefs led to several disputes, including denying the need to wear a mask based on his interpretation of legal status and bizarre claims about annexing land by throwing a hatchet at specific points. The situation deteriorated further when bailiffs seized his car, pushing an already tense relationship into hostility.

The Shocking Turn of Events
After a brief getaway, the author returned home only to find the locks changed, windows boarded, and personal belongings missing. In a shocking turn of events, the brother claimed a “de facto” eviction, citing that, since the house was deemed unclaimed, he had effectively made himself the sole owner. When confronted, he alleged that he had the right to use extreme measures to protect his claimed property.

Attempts to seek help from the police were met with confusion, as they stated that, as a tenant, the brother retained the right to alter the locks. This left the author feeling lost, frightened, and uncertain about their next steps.

What Now?
Facing a situation where familial ties and personal security are intertwined with legal ambiguity can be distressing. The question remains—what can one do in the face of such an invasion? Here are some considerations:

  1. Document Everything: Keep a record of communications, incidents, and any related financial transactions. This documentation could be vital in any legal proceedings.

  2. Seek Legal Counsel: It’s crucial to consult with a solicitor who specializes in housing or property law. They can provide clarity on the situation and outline your rights.

  3. Know Your Rights as a Tenant: Understanding tenant

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