Can my parents take away the land they gave me 10 years ago?

My dad gave me a lot of land. I bought a mobile home
and me and my children have lived there thinking it was
ours for 10 years. My mom and i had a disagreement and
she said i couldnt have the lot anymore . Told me to
sell my trailer and now me and my kids are homeless.
Can they take back land i was given and have lived on
for 10 Years.

Asked on September 20, 2016 under Real Estate Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

What do you mean by "given"? If they actually put the title in your name, then no, they can't take it back: a gift, once given, cannot be ungiven, and if it was titled in your name (e.g. by a quitclaim deed), it is now your land, not their land, and they have no power over it or right to it.
But it was never quitclaimed or titled or otherwise put into your name, they never gave it to you--it remained their land. In this case, what they did was more express their intentions or plan or something they might do--but intentions are not legally enforceable. If the land was never actually titled, etc. to you, it was never given to you and it is not your land--it's theirs...and if it's their land, they can require you to leave, no matter how long you lived there. (Though if you do not voluntarily go, to remove you, they'd have to bring an action for "ejectment"--basically, eviction for nontenants--in court, which will take several months.)

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