my nightmare
Member
What is the name of your state? North Carolina
My sister and my mother purchased a house and 3/4 of an acre of land in 1970. My sister was single at the time and my mother was a widow. Even though, my sister did not help our mother pay for this house, her name is on the deed because my mother did not have a fulltime job and the bank required a steady income.
A few years later my sister married. My sister and her husband bought a piece of land that is located directly behind my mothers. They purchased a mobile home and placed it on the land. Over the years, they have replaced the mobile home 3 times. The last mobile home was purchased in 1981 and it is a 1981 double wide mobile home. This last mobile home was pulled in closer than the others. The upper corner of this mobile home is sitting on my mothers line by about 2 feet.
2nd part of this nightmare: My sister and her husband built a building/wood shed several years ago. The building was for my sister and her husband and the wood shed was for my mother. The problem is that 3/4 of the building is located on my mothers property and 1/4 is on my sisters property.
3rd part of this nightmare: My sister died in 1997. She had a will, but it was never filed at the courthouse and now noone knows where it is, except my brother. My brother says he can not tell us anything about the will.
My sisters husband does a quitclaim deed to my brother for his part in my mothers property. Now my brother owns my deceased sisters share. However, she had two children and they should inherit a 1/3, but my brother swears he owns the entire 1/2.
4th part of this nightmare: My sisters house went into foreclosure from a loan that her husband took out on it that he never paid off. When she died the house was paid for. Their house has now been purchased by a two different owners and a third owner is getting ready to purchase it.
The main problem here is that the current owner wants us to move the building. He says it is in his contract to be moved by my brother. But the property at this time was still in my mothers name and my brother only has a quitclaim deed for my sister share of the property. My mother did not sign to this agreement nor was she consulted. The past owner never pushed my brother to move the building, but he wants it moved now because he is wanting to sell it.
5th part of this nightmare: My mother passed away in April. The current owner says he had a survey done of the property line and his home is 2 feet on her line. He has water rights to the property but he dug his own well recently. He wants us to move the building, he wants us to give him a piece of the property that the home is sitting on plus a little more or he will not give us the water rights. Does adverse possession transfer from one property owner to another?
Also, if I have asked him to move some rock work that is on the land connecting his land and my mothers land, can he refuse? He said I have no proof of when the rockwork was placed there, but he does not have proof either and I do not want it left there. He said he can take the rock work because of adverse possession of his home.
He refuses to sign over the water rights even though he has dug his own well because I refuse to give him that strip of land.
Our mother left a will giving her 1/2 to myself and my sister.
Any advice is very welcome. I know we need a lawyer, but we are trying to hold off because the lawyers in the area want 5 to 10% of the selling price of our mothers property to help us with this problem.
I feel that the price is a lot considering that there is 5 of us that will inherit the entire property.
My sister and my mother purchased a house and 3/4 of an acre of land in 1970. My sister was single at the time and my mother was a widow. Even though, my sister did not help our mother pay for this house, her name is on the deed because my mother did not have a fulltime job and the bank required a steady income.
A few years later my sister married. My sister and her husband bought a piece of land that is located directly behind my mothers. They purchased a mobile home and placed it on the land. Over the years, they have replaced the mobile home 3 times. The last mobile home was purchased in 1981 and it is a 1981 double wide mobile home. This last mobile home was pulled in closer than the others. The upper corner of this mobile home is sitting on my mothers line by about 2 feet.
2nd part of this nightmare: My sister and her husband built a building/wood shed several years ago. The building was for my sister and her husband and the wood shed was for my mother. The problem is that 3/4 of the building is located on my mothers property and 1/4 is on my sisters property.
3rd part of this nightmare: My sister died in 1997. She had a will, but it was never filed at the courthouse and now noone knows where it is, except my brother. My brother says he can not tell us anything about the will.
My sisters husband does a quitclaim deed to my brother for his part in my mothers property. Now my brother owns my deceased sisters share. However, she had two children and they should inherit a 1/3, but my brother swears he owns the entire 1/2.
4th part of this nightmare: My sisters house went into foreclosure from a loan that her husband took out on it that he never paid off. When she died the house was paid for. Their house has now been purchased by a two different owners and a third owner is getting ready to purchase it.
The main problem here is that the current owner wants us to move the building. He says it is in his contract to be moved by my brother. But the property at this time was still in my mothers name and my brother only has a quitclaim deed for my sister share of the property. My mother did not sign to this agreement nor was she consulted. The past owner never pushed my brother to move the building, but he wants it moved now because he is wanting to sell it.
5th part of this nightmare: My mother passed away in April. The current owner says he had a survey done of the property line and his home is 2 feet on her line. He has water rights to the property but he dug his own well recently. He wants us to move the building, he wants us to give him a piece of the property that the home is sitting on plus a little more or he will not give us the water rights. Does adverse possession transfer from one property owner to another?
Also, if I have asked him to move some rock work that is on the land connecting his land and my mothers land, can he refuse? He said I have no proof of when the rockwork was placed there, but he does not have proof either and I do not want it left there. He said he can take the rock work because of adverse possession of his home.
He refuses to sign over the water rights even though he has dug his own well because I refuse to give him that strip of land.
Our mother left a will giving her 1/2 to myself and my sister.
Any advice is very welcome. I know we need a lawyer, but we are trying to hold off because the lawyers in the area want 5 to 10% of the selling price of our mothers property to help us with this problem.
I feel that the price is a lot considering that there is 5 of us that will inherit the entire property.