I had a verbal agreement with my nephew that he could run his sewer line through my property. After a heavy family dispute, I want to know if I can force him to remove it? I live in dalton,pa. Lackawanna county
Verbal real estate contracts are not enforceable. With that said equity would control and the expense that he outlayed in reliance on your statements would have to be reclaimed.
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While I agree that verbal agreements relating to land are generally not enforceable a creative lawyer might argue that this is a partially performed contract as the sewer line has already been installed. If true, then the contract comes out of the statute of frauds and can be proven up in a court of law. If so, your Nephew has a valid easement and there is little you can do about it. You might however want to try the argument that there was no consideration flowing to you to support a bilateral contract.
Was this Answer Helpful? Please mark it so! NOT LEGAL ADVICE/I AM NOT YOUR LAWYER. I am licensed solely in PA and OH (inactive in OH)
He has no deed of easement, nor written license (as I understand the information provided). The statute of frauds requires that agreements pertaining to real property must be in writing. I agree with the other answers that the nephew could attemp to allege partial performance or perhaps detrimental reliance, but I don't think that would be successful. You should speak with a local real estate lawyer, but I think you have all the cards. Good luck.
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