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

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.

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Attorney answers 1


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 reader may rely as the commenter has no actual knowledge of the facts of the case, has not interviewed persons or examined evidence, and has not researched the applicable law. The comment is based only on the facts provided, which are extremely limited, and may or may not be true. Complete defenses may prevent the success of any claim. Competent legal advice should always be obtained before taking any legal action or filing suit. Readers employ any information provided herein at their own risk.

William Chuang

William Chuang


I'll only add that Mr. Mackin is referring to the "statute of frauds" that most states have, which require certain agreements to be in writing. The transfer of an interest in real estate is almost always one of those agreements that have to be in writing.

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