can a person give you land with a contract?

Question

can they reclaim the land if they havent actually signed anything only written down that they have given it to you?

Answer 1

yes, but it has to be bounded legally through your lawyers

Answer 2

In most common law jurisdictions (all 50 states in the US except Louisiana, the UK, the former commonwealth nations) an interest in real estate is granted by delivering a written document known as a conveyance. The most common form of conveyance is a deed. However, any written document that satisfies the legal standards for a conveyance will, upon delivery, transfer the described legal interest to the grantee.

If the writing is signed by the grantor, identifies the property with enough particularity that anyone can figure out what land is being granted, and expresses a present intention to convey the interest, then it is a deed and it passes title to the land to the grantee. It might be set aside under the same circumstances that allow deeds to be set aside.

The standard for setting a deed aside is more stringent than the standard for setting aside an ordinary contract. Essentially, if the grantor can show that s/he was duped into signing a deed when she thought she was signing something else (such as a love note), or if s/he was legally incompetent at the time the deed was signed and delivered, the deed will fail. The fact that she might have said, "You can't move in while I'm still alive" would legally mean nothing unless the reservation is written into the deed.

In order to be truly effective, the deed has to be recorded. That usually calls for having the deed notarized, but that's not essential. If there was a disinterested third person in the room who saw her sign and deliver the document, then that witness can have the document notarized after the witness signs the deed as witness.

Of course, a title company will have a cow when such a deed is presented, especially if the grantor repudiates the deed. Don't count on getting title insurance anytime soon, which will pretty much rule out getting a mortgage on the property. And you may well end up in court over this. But your question, so far as it goes, is answered in the affirmative for most jurisdictions.

Answer 3

There is such a thing, at least in Pennsylvania, of an "installment land contract" whereby the purchaser acquires an equitable interest in the land and the seller retains legal title until the terms of the contract are met, at which time the seller will execute a deed to the purchaser.

In such circumstances, the buyer pays all expenses related to the land, including taxes, water, sewer, utilities, etc.

In most circumstances, installment land contracts would be recorded with the land records of the county.

Yes, you can receive an interest in land with a contract, but no, you do not acquire full ownership of the land without receiving a deed giving you a fee simple interest in the land.

Answer 4

In the UK any contract for disposition of land needs to accord with "the formalities" in the Law of Property Act (including being reduced to writing). However, if you have paid for the land (something in the region of what it's worth, not a very small amount) then the seller is likely to be "estopped" from denying the agreement, and it would be perfected by the Court's equitable jurisdiction. This is a complicated situation, and it a real one then take legal advice soon.

Answer 5

TO actually convey property you need a deed. However in some states (MI comes to mind) a land contract is recorded like a deed and your ownership interest in the land contract is treated as an ownership interest in the land on some levels.

Answer 6

Technically, no (in most countries).

Transfer of land is by deed -- a contract may compel the parties to transfer, but the transfer itself is a separate document.

Answer 7

yes

Answer 8

Of course they can. You can give anything to anyone.

The lawyers will want to make money of course.