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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29012
Experience:  30 years of real estate practice experience.
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I made a deal with a freind to purchase a trailer house and

Customer Question

I made a deal with a freind to purchase a trailer house and 3 acres of land with out a contract. I paid for the land n trailer house over a couple of years. He gave me the title to the house but not the land. I asked for it and he said that I have a lease on the land for 99 years. He changed the game to his advantage.. How long do o behave to live there before I can take the land by squatters right. Or am I just screwed on the deal. He was a best friend at one time . I thought I could trust him . I was wrong.
JA: What state is this in? And how old is the mobile home?
Customer: Kansas . A 94 bonniville
JA: Has anything been filed or reported?
Customer: No. I
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm just wondering if I have any recourse on this matter
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Loren replied 2 months ago.

Good day. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Expert:  Loren replied 2 months ago.

Unfortunately, under the statute of frauds, the contract for the sale of real property must be in writing to be legally enforceable. So, while this is a breach of contract, unless you can present a written contract to the court, your options are somewhat limited.

If you are a the tenant of a 99 yr lease then adverse possession (squatter rights" is not applicable because your possession is not hostile, it is a tenancy.

You may have a chance at a suit for Promissory Estoppel. That is a way to ask the court to enforce a "contract" which is somehow flawed, such as yours. The elements of promissory estoppel are: (1) a clear and definite promise; (2) made with the expectation of reliance thereon; (3) the promisee in fact reasonably relied on the promise; and (4) detriment of a definite and substantial nature was incurred in reliance on the promise.

While there is no requirement that you retain an attorney, equitable remedies always involve complex litigation and retaining experienced counsel is strongly recommended. If you need help finding a local litigation attorney, try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

MARTINDALE

It is a huge worldwide database searchable by location and specialty.

Expert:  Loren replied 2 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 2 months ago.

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