Can a person who does not own a house sign it over to someone else if they dont own it but its on their land

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Can a person who does not own a house sign it over to someone else if they dont own it but its on their land

My friends mother let her son build a
house on her land he paid for the
house but she owns the property she
wants nothing to do with the house
anymore he is currently in prison and
she way to give the house away so he
has no reason to come back

Asked on October 30, 2018 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, she cannot. Owning the land some item or property sits on does not give you ownership over the item or property; for example, if someone parks their car or RV on your land, you do not own it. If you don't own something, you cannot sign it over to another person, so in this case, since the mother does not own the house itself, she cannot give it to anyone. It may be possible to bring a court action to force him to have the house moved from her land--she should discuss that option with a real estate attorney. But she cannot simply sign it over to another person.


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