My brother inherited land from his deceased father and with that land was a home. Before his father's death, the local tribe had asked if they could build a home for an elder on his land. Once the elderly man dies, the home will become the property owners home. He agreed.
However, the property owner died after the elder did and the tribe had put the home under the name of property owners brother. Both of his sons got the land but the tribe had went back on their word and didn't give them the house.
Now the home is on my brothers land and he wants it off. What can we do other than sending lot rent invoices?
Your posting is more than a bit confusing, but lets start with these as given:
Your brother's father owned a parcel of real property.
The father permitted the tribe to build a home on the land for the use of an elder of the tribe under some sort of an agreement, arrangement or understand that upon the death of the elder the ownership of the home would revert to the father.
The elder predeceased the father.
But then it becomes confusing. Beginning with the part that states that after the father died
"the tribe had put the home under the name of property owner's brother".
First, who is the "
property owner's brother"? Are you talking about your brother's uncle or your brother who is said to have inherited the land? Or whom?
Secondly, unless the agreement between the tribe and the father provided that the home would remain the personal property of the tribe; that is, that the structure would not be deemed appurtenant to and integral to the land - AND could be removed at the will of the tribe (which is not made evident in your narrative but would need to be made of record with the county to insure against the interests of a bona fide purchaser of the land) . .
THEN with no such agreement separating the ownership of the structure from the land, the tribe owned nothing to "
put" under anyone's name as it did not own the land the home occupies.
Even more puzzling is your adding that "
both of his sons got the land". Whose sons?
And why do you use the pronoun "
we" as in "what can WE do other than sending lot rent invoices? Why "we" when nothing is said regarding you having any property rights?
(Also noting that I don't see anyone in this picture obligated to pay rent to "we" or anyone else.)
My advice is that you and bro take this matter up with a local attorney experienced in the practice of real property law. Discuss this so called agreement of the house reverting to the land owner and its effectiveness. And consider whether a quiet title action is needed. Understanding that such actions apply not only to land, but to personal property as well. And here perhaps treating the structure as personal property.
