Legal Question in Wills and Trusts in North Carolina

adverse possession

My sister was given land by my grandmother 23 years ago. My sister has a mobile home on the land that has been there since 1985. My Grandmother passed away in 2005. In her will she divided the land evenly to her children. My grandmother gave the land where here my grandmother's house sits to my aunt (my father sister) which includes the part of land where my sister's mobile home sits. The will does not mention the mobile home. My aunt has just given my sister 60 days to vacate her property and to move the mobile home. The problem is that my sister has been told by the town that because of the age of the mobile home if she moved it from its original spot the mobile home would be considered condemned. One other thing is that in 2000 my grandmother gave the land to my sister by deed. In 2001, my father's sisters had her quick claim the land back over to my grandmother. Because there has been strain with my father and his sisters, my sister did not want to add additional heartache to my father so she did voluntarily quick claim the land back into my grandmother�s name. What actions can my sister take? Can the time that the mobile home has occupied the land be considered adverse possession?


Asked on 5/24/07, 2:11 pm

2 Answers from Attorneys

Bernard J. Berkowitz Berkowitz & Raiken

Re: adverse possession

Unfortunately, you pose a very complicated problem. Your sister should immediately see an attorney with copies of all relevant documents. Once they have been reviewed a proper legal opinion can be given on what her options are. If you call our office, mention LawGuru for a free half hour consultation. Good luck.

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Answered on 5/25/07, 3:44 pm
Robert Davies The Davies Law Firm, P.A.

Re: adverse possession

Your sister needs a lawyer's assistance. Advice over this bulletin board will not solve her problems. Family disputes like this are always unfortunate.

Good luck to her. Let me know if I can assist.

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Answered on 5/24/07, 2:31 pm


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