My parents have been living and paying taxes on my brothers land for about 30 year can they clam ownership?

30 years ago my brother helped my parents bring their
property out of forcloser. But he put it in his name so
they could not put a lien on it. That was 30 yrs ago. My
parent paid off the property and have paid all the taxes
for that time as well. My mother died and now my brother
feels that dad should buy the property. What can my dad do?
This is in the state of Minnesota.

Asked on March 10, 2017 under Real Estate Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the property is in your brother's name, it belongs to him--your parents may have paid the taxes and paid off the property, but that doesn't by itself give your father the right to it: the payments could be seen as having essentially been "rent" for the right to live there, or as a gift to your brother, their child. And living on land with someone's permission does not give you any rights to own it, either. Unfortunately, based on what you write, your father would have to buy the land to own it.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the property is in your brother's name, it belongs to him--your parents may have paid the taxes and paid off the property, but that doesn't by itself give your father the right to it: the payments could be seen as having essentially been "rent" for the right to live there, or as a gift to your brother, their child. And living on land with someone's permission does not give you any rights to own it, either. Unfortunately, based on what you write, your father would have to buy the land to own it.


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