someone has lived on, used, cared for, and maintained property that another person owns, the property has been promised verbally to the person living there. the owner comes out of the blue and wants to kick them out. i don't think they should have to leave they need some advice or help with the situation. i told them i would help find advice
The "statute of frauds" generally bars the enforcement of a contract fo the sale of real property. However, there are exceptions to the general rule. For example, performance by one party may prevent the other from asserting the statute of frauds to bar the contract.
Note however that the verbal contract for the sale of land had to be "definite" in that they agreed upon what was being sold and the sale price.
Your friend should consult a local attorney with knowledge of contracts, real estate and litigation.
If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.
5 lawyers agree
Estate Planning Attorney
I agree with the earlier response. The statute of frauds will likely bar the enforcement of whatever oral agreement there was concerning the property. There are situations when it may not apply, but it will take a very skilled attorney to enforce the oral agreement. The facts might also support a claim for adverse possession, but I strongly suspect that would not work either. Most likely your fried is out of luck, but if it means a lot to them, they should meet with an attorney in their area for a more thorough analysis of their case.
3 lawyers agree
I agree with my colleagues. Your friend has a complex situation and he/she may have prejudiced his/her chances of getting this property by not working through an attorney to set this up properly, in the first place. There could be potential claims for unjust enrichment or some other equitable action that the "tenant", for lack of a better word, can take. Only a lawyer who has had a chance to review all of the facts can let your friend know for sure.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!
2 lawyers agree