Can a sister make a brother move off land she gave life time rights to and she told the family that she did this,

Asked almost 2 years ago - Morehead City, NC

A brother bought a new mobil home and needed a place to put it so his sister told him that he could put it on a section of her land and he would have life time right there until his death with no strings so he put it on the land, she told the whole family that she did this.

Attorney answers (1)

  1. Mark Alan Mackin

    Contributor Level 14

    1

    Lawyer agrees

    Answered . I am not licensed in NC, but most states have a general rule that any transfer of an interest in real estate must be in writing to be enforceable. If he can find a writing, such as your written statement here, essentially ratifying what may, at the time, have been an unenforceable oral agreement for a life estate, you might not be able to get him off. You should have seen a lawyer or a realtor on this one to begin with. Even if there is a writing, if there is no consideration, you may still be able to remove him. But see a NC real estate lawyer because the brother may have several defenses to removal and if he stays the amount of land he holds should be defined to avoid conflicts.

    DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the... more

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