Legal Question in Real Estate Law in New York

Is this paper legal because my brother is taking my land? .

This one of acre of land was given to me by my parents in 1965 but not deeded over. Instead a notorized paper was drawn up in 1977 with the legal description of the land to insure I get my land in the event my mother dies. My mother died and my brother has taken my acre including it in his land. This is part of the family farm. Besides the description of the land, it also states that this one acre of land can not at any time be calaimed by anone else nor is it to be considered part of my(mothers) estate in case of my death; a deed will be given to me(my name)at any time I request it. My land has septic,water,electric plus my pets grave site. I had a trailer on it at one time but have had nothing on it since 1977. My brother is now beginning to pour concrete on my property. because of an error on my mothers lawyer my acre was placed with my brother because the lawyer failed to have my brother sign the paper for my acre not to be with his. My mother asked for him to give it back and hired another attorney to do so, but she died before she could get it done. What can I do about this? This is urgent, I want to stop him from building on my land. I have 8 other siblings that agree he is doing wrong and know it is my land.


Asked on 11/10/06, 7:08 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Is this paper legal because my brother is taking my land? .

There are multiple probems, starting with the fact your interest was never memorialized by an official Deed. I suggest retaining an attorney familiar with estates and real estate and consider, if you still have time, contesting the Will and/or starting a suit against your brother, including a claim for constructive trust of the property involved. If he started to improve the property, I also suggest you consider, in the suit, an injunction against him, until the ownership issue is resolved. This is a reply to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 11/12/06, 1:28 pm


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