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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Real Estate Law
Satisfied Customers: 20012
Experience:  Lawyer,Former Broker and Just Answer Legal Mentor
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I have lived in my family home on 16 acres of land since 1994

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I have lived in my family home on 16 acres of land since 1994 and have paid the taxes as well the deed holder is my great uncle who owns a majority or possibly all of the land. When I moved from Michigan to Kentucky where I live now on the family land we made an agreement that once the land was able to be sold I would have first oppertunity to it. My great uncle claims that some of the land is still parted out to other family members I dont know if it is or not. The land started out with my great papaw and mamaw and they gave each of there children a part which one of them was my mamaw my mothers mother and at some time I guess she sold her part to her brother my great uncle so I guess that knocked my mother and her siblings out of there part and so on. anyways my great uncle is getting up in age and we have lived and taken care of the farm since 1994 if nothing has been done by the time he passes I want to know do I have any rights to that land or can I be kicked off of it at any time by his children or anyone else whatever is still parted out if any it isnt much at all not enough for anyone to do anything with its like 1/4 acre parts and there would only be a few and they are seperate parts. I just dont want to one day get a call saying I have to leave with no kind of notice besides the agreement which was verbal that I wolud have first oppertunity at the land after I have spent my life and money keeping that place up.. Can you help me..?
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Attorney & Mediator replied 3 years ago.
Just Answer is only a question and answer site, so we cannot help you in terms of representation. However, we can answer the issues of your question, so please let us know what you would like us to do in your situation. Thank you.
Customer: replied 3 years ago.

Please answer the issues of my question

Expert:  Attorney & Mediator replied 3 years ago.
Thank you for your reply.

As to the legal issues, you don't have any rights to the property unless you have something in writing giving you rights to the house. This could be evidenced by a written agreement with your Uncle or where your Uncle has a will naming you the heir to the property. In addition you would have rights if your name is XXXXX XXXXX deed. Without any of these things, you don't have any rights and his relatives could remove you. You would be considered a tenant, so removal would mean getting served with notice to vacate the premises.

I understand you have been making payments on the taxes, but unless you have something in writing showing you will inherit or are the owner, the payment on taxes can be considered the same as if you were paying rent as a condition to live there.

So if you want protection, you need to get something in writing from your Uncle or better yet have your uncle include you as a joint-owner on the deed.

Further to find out if the property has been divided you can find out that information by going to the deed of records. Any division or transaction with the land would be recorded there.






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Customer: replied 3 years ago.

what about the homestead law does that apply in any way

Expert:  Attorney & Mediator replied 3 years ago.
No that would not apply in your situation. The homestead is an exemption as to how much a creditor or a tax collector can take from your property if they sued you and won a judgment against you. It does not secure property rights.




_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Attorney & Mediator, Lawyer
Category: Real Estate Law
Satisfied Customers: 20012
Experience: Lawyer,Former Broker and Just Answer Legal Mentor
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