Legal Question in Real Estate Law in Georgia

squaters rights/

what happens if 2 parents let there adult child build a home on there property useing the adult childs money the adult child is employed and pays his own bills for this home and has lived in it for 7 years as well as being a caregiver to his parents and the property now 1 parent has died and the other simply tells the adult child to leave does the adult child have any rights at all?


Asked on 9/26/03, 2:08 pm

1 Answer from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: squaters rights/

Yes. He put valuable improvements into the property with his own money which he obviously cannot take with him. Much depends on what, if any, written agreemet might exist between him and the parents. Assuming no title was passed to him, and he did not intend it as a gift, he would be a tenant subject to eviction upon a 60-day written notice. However, he could sue the surviving parent/owner for the fair value of the improvements he made on any one of a number of legal theories.

There is potential for a negotiated solution here, especially since this is between parent and child. One potentially fair solution is to rent the property out to somebody else and turn the rent over to him until his investment is recouped. Another is to agree that all or part of the property will be his at the last parent's death. Of course, what if the parent decides to sell the property? The agreement could say he would be paid out of the proceeds at closing, in that case. This could be done by writing a will leaving it to him, in which case that provision of the will will be irrevocable because it was created by contract. Yet another is for the parent to deed the property over to him as a "remainderman" with the parent reserving a "life estate".

But to just kick him off the property with no compensation here sounds harsh and quite unfair, especially if he was the care giver so long. I would urge both to talk it over, and get the help of a good local real estate lawyer.

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Answered on 10/03/03, 3:56 pm


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