Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My dad has a brother in jail who needed money for a lawyer…

Customer Question
My dad has a brother...
My dad has a brother in jail who needed money for a lawyer so brother gave title to a sister to get a loan to get the money after and nobody would pay for loan the brother then asked my dad if he would purchase the property from him to finish paying the loan. They only made a verbal agreement about the land and now the brother is saying that she never gave permission to sell the land or anything like that so I'm wondering if we can claim the land through adverse possession . We currently have the title in the brothers name and have paid at least 12 years of taxes and have lived on property for 12 years.
Submitted: 9 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
9/22/2017
Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,335
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Real Estate Law Question
Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago

To be clear, the father purchased the property but there was no paper trail (no deed transfer, no contract)? Is there proof of payment?

Did the uncle have title to the property when

Ask Your Own Real Estate Law Question
Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago

the uncle sold the land or did the sister have title?

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
Albert is the uncle and my dad's name is Armando. The original deal was done with his sister, Albert had someone give the Sister・ the title to the property and whenever no one would pay for the loan Albert then got in contact with Armando to ask him if he would help pay the loan Armando said the only way he would help pay for the loan if the property became his. The loan was under a sisters name so nowhere does it have Armando making any payments and it's been so long we're not even sure if we have the receipts from when the payments were made. Albert was in prison whenever the whole deal was being made so I'm not sure who exactly had the title and gave it to the Sister・❥・ but I do know Armando Sister gave the title to Armando
Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago

So Armando currently has title, would that be correct? confirming: "but I do know Armando Sister gave the title to Armando"

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
that is correct Armando currently has the title in his possession.
Customer reply replied 9 months ago
The property has been in possession of Armando for at least 12 years and he's the one who has been paying the taxes and taking care of the property and I also believe he paid back taxes as well.
Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago

OK; thanks for the clarification.

The person with the title in their name is ***** ***** be the owner of the land unless a party can prove that there is a pending contract that is written-this is required for land transactions per the statute of frauds. There is an exception to the statute of frauds and that is promissory estoppel. When a purchaser relies on representations made by the seller by either making payments, or making substantial improvements to the property, the seller may be precluded, based on equity, from using the statute of frauds as a defense.

Another issue addressed was adverse possession;

Adverse possession requires possession for 10 years per the following statute:

37-1-22. Title in fee simple by adverse possession; action after ten years barred; definition; payment of taxes.

In all cases where any person or persons, their children, heirs or assigns, shall have had adverse possession continuously and in good faith under color of title for ten years of any lands, tenements or hereditaments and no claim by suit in law or equity effectually prosecuted shall have been set up or made to the said lands, tenements or hereditaments, within the aforesaid time of ten years, then and in that case, the person or persons, their children, heirs or assigns, so holding adverse possession as aforesaid, shall be entitled to keep and hold in possession such quantity of lands as shall be specified and described in some writing purporting to give color of title to such adverse occupant, in preference to all, and against all, and all manner of person or persons whatsoever; and any person or persons, their children or their heirs or assigns, who shall neglect or who have neglected for the said term of ten years, to avail themselves of the benefit of any title, legal or equitable, which he, she or they may have to any lands, tenements or hereditaments, within this state, by suit of law or equity effectually prosecuted against the person or persons so as aforesaid in adverse possession, shall be forever barred, and the person or persons, their children, heirs or assigns so holding or keeping possession as aforesaid for the term of ten years shall have a good and indefeasible title in fee simple to such lands, tenements or hereditaments; provided, that if any person entitled to commence or prosecute such suit or action is or shall be, at the time the cause of action therefor first accrued, imprisoned, of unsound mind or under the age of majority, then the time for commencing such action shall in favor of such persons be extended so that they shall have one year after the termination of such disability to commence such action; but no cumulative disability shall prevent the bar of the above limitation, and this proviso shall only apply to those disabilities which existed when the cause of action first accrued and to no other. "Adverse possession" is defined to be an actual and visible appropriation of land, commenced and continued under a color of title and claim of right inconsistent with and hostile to the claim of another; provided, however that in the case of severed mineral interests the possession by the party in possession of the surface shall be considered as the constructive possession of such mineral claimant until actual possession shall have been taken by such mineral claimant; and provided further in no case must "adverse possession" be considered established within the meaning of the law, unless the party claiming adverse possession, his predecessors or grantors, have for the period mentioned in this section continuously paid all the taxes, state, county and municipal, which during that period have been assessed against the property.

Adverse possession is a complex area so it is important to hire a real estate attorney to bring an adverse possession claim and to put a lis pendens on the record so that third parties will not purchase the property (it is notice of a lawsuit that affects title to the property, or "clouds" the title).

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,335
13,335 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I recently re-financed a home in Texas. The closing documents
I recently re-financed a home in Texas. The closing documents included a "mineral rights acknowledgment and Agreement" that states that in exercising mineral rights there may be a "taking or damage to… read more
CA Lawyer
CA Lawyer
Partner
Doctoral Degree
255 satisfied customers
I'm a real estate investor and i'm working with a realtor.
I'm a real estate investor and i'm working with a realtor. She has a house to buy I wanted to buy it on an option to buy contract and flip it to someone else before i even buy the house just do a doub… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Which trust that a piece of real estate is in does not have
which trust that a piece of real estate is in does not have to pay the taxes on the capital gain.? revocable or irrevocable?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
We actually don't have a real estate question. It is a
Hi. We actually don't have a real estate question. It is a question on work done on a mobile home. Looking for the right place to go to get my question answered … read more
Michael Bradley
Michael Bradley
JD
1,424 satisfied customers
How do real estate agents charge, and is it different if the
How do real estate agents charge, and is it different if the other party is working through a lawyer?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is there any restriction if a licensed real estate broker
Is there any restriction if a licensed real estate broker hold an open house on Sunday for a different brokerage company. … read more
Lori
Lori
Juris Doctor
1,564 satisfied customers
My question deals with real estate law. I am a real estate
I am a real estate broker with a client who also has an attorney advising her. … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Are real estate investors allowed to contact list pendens
Are real estate investors allowed to contact list pendens recipients? If not, who is? Is there any legal way to conduct a purchase of the property without breaking any contact law? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
A landlord signed the attached agreement with a real estate
A landlord signed the attached agreement with a real estate to rent a few apartments. The landlord has his own listing on streeteasy that state by owner no fee. a secondary real estate contacted the o… read more
Lori
Lori
Juris Doctor
1,564 satisfied customers
I think a person failed to be honest in a real estate
I think a person failed to be honest in a real estate situation … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can an attorney in local govenemnt sponsor real estate
Can an attorney in local govenemnt sponsor real estate agents as if he was a real estate broker? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,855 satisfied customers
Real Estate What are the odds that a home sells better if it
Real Estate What are the odds that a home sells better if it is empty except for a few staged items ...like a picture or 2 and some bathroom towels? What else would you suggest?… read more
Michael
Michael
Research Librarian
Bachelor\u0027s Degree
132 satisfied customers
In a transaction involving a "gift of real estate" there is
In a transaction involving a "gift of real estate" there is no consideration (it's a gift). If the gift deed is recorded is it protected from third party claims or can it be challenged because there w… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Real estate Question Can you define “wholesale real estate”
Real estate Question Can you define “wholesale real estate” & “Bandit”sign? Also, are bandit signs legal in Michigan?… read more
legalgems
legalgems
Arbitrator
13,335 satisfied customers
Need a real estate lawyer in city. I signed a real estate
I signed a real estate contract without my thinking through but would like to cancel the contract. what can I do without getting sued? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Is an Agreement for the Sale of Commercial Real Estate
Is an Agreement for the Sale of Commercial Real Estate binding if only the Husband signs the Agreement although both the husband and wife are on the deed for the property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Does a real estate investment fund need a real estate
Does a real estate investment fund need a real estate license to operate? The crowd funding company's real estate broker license was suspended since 11/11/2017 due to several violations that was broug… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If someone is deeded a real estate or mineral interest as a
If someone is deeded a real estate or mineral interest as a LIFE ESTATE and it states in the deed that the Grantee can not sell any of the assets so deeded to him, is there any way the Grantee can ove… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x