Legal Question in Real Estate Law in Kentucky
Owner of land?
My husband and I have resided in the same home for 31 years. The land, however, belongs to my father who recently passed away. For several years we have been given a verbal agreement to purchase the farm. Now the land belongs to my mother who wishes to auction the land. Does the fact that we have lived on the farm and taken care of the land for 31 years have any connection with Squater's rights? Is there anything we can do to retain the land?
1 Answer from Attorneys
Re: Owner of land?
The statute of frauds prohibits any agreement with respect to land to be enforceable unless it is in writing. You may have some claim to the value of improvements which might be able to be reimbursed you out of the sale. I do not know whether your father/father-in-law had a will or died without one. This makes a difference in how the title is held. Also whether or not the original deed to the father and mother was in survivorship. There are a lot of variables here. You do have a serious legal problem in relying on an oral promise and you need to consult with local counsel as soon as possible.