Legal Question in Real Estate Law in South Carolina

Property Rights

My mother-in-Law offered us part of her 23 acres to put a mobile home. We have made several improvements to the land(well, septic, driveway). She told us she would be deeding the land over to us so we did not have a problem doing the improvements. I have been paying property taxes on my mobile home as well as the land directly under it. 3.75 years later, she is selling the land and stating that we have to move. The buyer is stating that our well and septic tank belong to them since they purchased the land. I was planning on taking the well pump with me.

I have two main questions here:

1. Since my mother in law entered into a good faith contract, do I have any legal rights to compensation?

2. Am I legally obligated to leave the well, septic, and other improvements in working order even though I purchased them with my home loan.

Thank you in advance for any assistance that you can give.


Asked on 4/01/04, 5:39 pm

1 Answer from Attorneys
Otto Ferrene, jr. Ferrene & Associates, PA

Re: Property Rights

You may or may not be able to enforce the verbal contract based upon part performance. However, you are certainly entitled to have repayment for taxes and betterments to the land made while under the promise to deed you the land. It would be a recovery in unjust enrichment. Where are you located?

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Answered on 4/08/04, 10:35 am


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