How to get back land a Baptist Church stole from my ancestors?

[Ceogrydziak]

Between 1980-84, my rather religious great grandpa was wrongfully coaxed into donating his ENTIRE estate and farm acreage in Asheville, NC to a local Baptist Church in his old age (he was not in the right mind to make such a decision). They subsequently evicted him from his land and force-relocated him and his wife to a nearby nursing home where they eventually died. My grandparents looked into challenging this in court, but my great grandpa was too proud to admit he was in an unhealthy state of mind. My father and great aunt are still alive to vouch for this story. Question: what would it take to get back my ancestors land? Is it possible?

 

[Zigner]

Between 1980-84, my rather religious great grandpa was wrongfully coaxed into donating his ENTIRE estate and farm acreage in Asheville, NC to a local Baptist Church in his old age (he was not in the right mind to make such a decision). They subsequently evicted him from his land and force-relocated him and his wife to a nearby nursing home where they eventually died. My grandparents looked into challenging this in court, but my great grandpa was too proud to admit he was in an unhealthy state of mind. My father and great aunt are still alive to vouch for this story. Question: what would it take to get back my ancestors land? Is it possible?

Your great-grandfather freely and willingly donated HIS land as HE saw fit. No, you can't steal the land from the church.

 

[LdiJ]

Your great-grandfather freely and willingly donated HIS land as HE saw fit. No, you can't steal the land from the church.

If he was not competent however, it would not be considered to be freely and willingly. It would be considered to be elder abuse. The forcible eviction sure makes it sound like elder abuse.

However, 37 years is far to much time to have passed. Nothing could be done about it now.

 

[Zigner]

If he was not competent however, it would not be considered to be freely and willingly. It would be considered to be elder abuse. The forcible eviction sure makes it sound like elder abuse.

However, 37 years is far to much time to have passed. Nothing could be done about it now.

In other words, at this point in time, what I said was an accurate answer...particularly since we (and the OP) have no real clue what happened nearly four decades ago. We don't know that he wasn't competent, and, without evidence to the contrary, the presumption is that he was competent. We also don't know if he was actually "forcibly evicted" or if he agreed to move in conjunction with the donation.

 

[Zigner]

My grandparents looked into challenging this in court, but my great grandpa was too proud to admit he was in an unhealthy state of mind.

If he were actually incompetent, then whether he admitted it or not is largely irrelevant to a court action.

 

[latigo]

Between 1980-84, my rather religious great grandpa was wrongfully coaxed into donating his ENTIRE estate and farm acreage in Asheville, NC to a local Baptist Church in his old age (he was not in the right mind to make such a decision). They subsequently evicted him from his land and force-relocated him and his wife to a nearby nursing home where they eventually died. My grandparents looked into challenging this in court, but my great grandpa was too proud to admit he was in an unhealthy state of mind. My father and great aunt are still alive to vouch for this story. Question: what would it take to get back my ancestors land? Is it possible?

Stop day dreaming! Even if you had a train load of slam-dunk evidence, another full of your lawyers, and the church elders fell over and played dead, it is too late!.

Every state in the union has enacted laws limiting the time when an action to recovery real property may be maintained. In North Carolina the claimant must be seized or possessed of the property within twenty (20) years before the commencement of the action. (North Carolina Statutes Chapter 1 Civil Procedure Article 4 Section 1-39.) And your great grandpa and his descendants have been out of possession for a minimum of 33 years.

 

[Zigner]

Stop day dreaming! Even if you had a train load of slam-dunk evidence, another full of your lawyers, and the church elders fell over and played dead, it is too late!.

Every state in the union has enacted laws limiting the time when an action to recovery real property may be maintained. In North Carolina the claimant must be seized or possessed of the property within twenty (20) years before the commencement of the action. (North Carolina Statutes Chapter 1 Civil Procedure Article 4 Section 1-39.) And your great grandpa and his descendants have been out of possession for a minimum of 33 years.

Well, there's always that, too.

 

[Ceogrydziak]

Thanks

Thanks for the info. I figured it would be a difficult endeavor, if it was even possible. Just thought I'd ask anyways.