Legal Question in Real Estate Law in Georgia

Re: who owns the property?

Your Question is hard to follow and does not have enough facts for a good answer, however, whichever party want to enforce the "35 yrs.ago verbal aggreement between in-laws" (sic) will probably lose. The agreement of 35 years ago appears to be legally UNENFORCABLE.

Agreements such as this to be enforcable in Georgia (absent substitutions for writings, promissory estopple, etc.) must be IN WRITING and comply with the Statute of Frauds. This agreement to sell does not comply.

"The threshold inquiry must be whether an enforceable agreement existed. An option contract for the sale of realty comes within the Statute of Frauds, and, therefore, must: (1) be in writing, (2) identify the buyer and seller, (3) describe the subject matter of the contract, and (4) name the consideration. Wiley v. Tom Howell & Assoc., 154 Ga.App. 235, 236, 267 S.E.2d 816 (1980). An option agreement "must be complete within itself as to the essential elements...." Smith v. Huckeba, 232 Ga.App. 374, 375(1), 501 S.E.2d 877 (1998). A "valid, binding, and enforceable" contract for the sale of land "must describe the land to be sold with the same degree of certainty as that required of a deed conveying realty. (Cits.)" Smith v. Wilkinson, 208 Ga. 489, 493(2), 67 S.E.2d 698 (1951)." Firstline Corp v. Valdosta-Lowndes CIA, 236 Ga.App. 432, 511 S.E.2d 538 (1999).

Good Luck