Legal Question in Real Estate Law in Missouri
recently grandpa passed away. I have a deed to 40 acres of land, that i have been living on (with gpa ), for over 20 years, that was filed and is still"current" on file in local recorder of deeds office. I was taken in by gparents when i was just a kid. i am his nephew. gma died in 2007. The eldest son of gpa (my uncle) says that he owns the land because gpa quit claimed it to him in 2001 (a year after title to deed to me was recorded) He has sent his son to stay in the house that i was to be living in now and is having people move things off the the property and not allowing me to go forward cuz he says the quit claim trumps my ownership of the property. I did not sign off of the deed nor was it ever gpa's intentions for my uncle to have this property as it was my gift for taking care of gpa for the last 20 yrs when his son was never around.. Can i file a restraining order and or a cease and desist order and have uncle's son removed from property (only been there a week and has no established residency) and take back what is legally mine and tell uncle if he doesn't like it to hire a lawyer. gpa only signed quit claim to uncle, knowing uncle's intentions, to get him off his back about the properties, also knowing that the quit claim was invalid, and uncle bought into it but is tring to trow his weight around because of it.
3 Answers from Attorneys
Get all recorded deeds and hire a local attorney ASAP. You may also be able to get the sheriff to remove your uncle if you are the deeded owner of the property as he would have no right to be there. Get moving ASAP before damage is done, improvements made, etc.
In Missouri, I would file a quiet title action. During the pendency of the action, I would request a court to order that no waste be committed to the property under penalty of contempt. The 3 larger questions are: Did your grandfather have fee simple absolute ownership of the property, did he convey it to you in its entirety, and does a third party have a legal or equitable claim to the property?
You also did not state whether or not grandfather left a will.
If you want to look into this in more detail, feel free to contact me.
Sean Santoro/Licensed in KS and MO
hire a local lawyer to make contact with the uncle after the lawyer reviews relevant documents. if the uncle will not be reasonable, then a quiet title action and unlawful detainer to remove the people is appropriate.
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