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My parents told me I will inherit the land I currently live on. I have lived here for the past 4 and a half years. Before I moved in I was told I had a lifetime lease. When I remarried, my wife was told the same. I have invested over 20,000. dollars in our home. My mother has been threatening to evict us. Can she do this? What can I do to protect my investment?

2006-07-10 05:17:40 · 9 answers · asked by olehickory 1 in Politics & Government Law & Ethics

9 answers

I was in a similar situation. I lived on my father in laws land. We drew up a contract saying that the land was for the use of my husband, our children, and I at the price of love and affection. If it weren't for the contract we could have been evicted. If you can't prove the word of mouth contract....she can kick you off with you later suing for $20,000 you invested in the home. If you can prove the word of mouth contract then she can't. So the question is who heard her say to you that you had a lifetime lease?

2006-07-10 05:24:38 · answer #1 · answered by Anonymous · 2 1

You did not say what state or provinince you are in. If you are in the US, there is the common law principle of Statute of Frauds. Under the Statute of Frauds, any transaction over a certain amount, and any transaction dealing with the ownership of land, must be in writing to be valid.

Hence, while an oral lease can be valid, a promise of a life estate and/or a promise to inherit land is not valid without a written document. Also, the right to inherit is not absolute. A parent can decide at any point to disinherit their offspring, and there is little that can be done about it if the parent is competent and executes a valid will.

I would consult an attorney for specifics on your situation.

2006-07-10 07:04:07 · answer #2 · answered by Phil R 5 · 0 0

She may be able to kick you off the land by simply breaching the lease agreement. Also, the contract may not be valid if there was no consideration given on your side of the agreement.

However, if you have evidence of the 20K you made in improvements to the land, if she kicks you off, you can sue for her to reimburse you for that amount, even without proving a valid agreement (outside of the any contract --- quantum merit). The legal term is called "unjust enrichment".
The theory behind it is the law will not allow her to become unjustly enriched at your detriment and you are entitled to restitution damages.

See this webpage:
http://en.wikipedia.org/wiki/Unjust_enrichment

Speak with a real property attorney.

2006-07-10 05:50:58 · answer #3 · answered by bestanswer 2 · 0 0

Do you have the lifetime lease in writing? Is your name on the deed of the land? If the answer is no, then you have no rights to the property. Verbal agreements are not enforceable in real estate law.

Even if your parents told you that you would get the land, they can always change their mind. It's not your land until they die and you inherit it.

2006-07-10 11:51:30 · answer #4 · answered by Mama Pastafarian 7 · 0 0

who's land is it ? relies upon on how a procedures in heritage you want to bypass back I have little time for both facet in this dispute The Palestinians are assisting Hamas they're terrorists who on a daily basis fireplace rockets into Israel The Israelis seem to imagine they could do what they prefer and picture not something of killing all of us who stands of their way that places them interior of an same league as Hamas. Aided and abetted by using united statesa.. No sympathy i'm afraid.

2016-10-14 07:41:50 · answer #5 · answered by ? 4 · 0 0

If you can prove you have a lifetime lease, I f do not think you cannot be evicted. Consutling a lawyer would be your best option.

2006-07-10 05:21:25 · answer #6 · answered by threeboysmamma 3 · 0 0

Yep if she is the lease holder which will pass to you on her death.. Time to bake those “special cookies”

2006-07-10 05:25:15 · answer #7 · answered by Tequila Gypsy 3 · 0 0

cant you find your own place to live..???

2006-07-10 05:24:21 · answer #8 · answered by badjanssen 5 · 0 0

if she owns it she can do it.

2006-07-10 05:21:56 · answer #9 · answered by Anonymous · 0 0

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