If my brother built a driveway part on my mom’s property and is unwilling to work with heron this problem, what can she do?

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If my brother built a driveway part on my mom’s property and is unwilling to work with heron this problem, what can she do?

He has put his place up for sale and will not work with mom on the issue. the drive way has been there over 10 years and a playhouse about 4 years, both are part on moms property. what can she do to solve this? Can she put a lein on his property?

Asked on August 16, 2012 under Real Estate Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

She needs to speak with an attorney as soon as she can about bring ing an action to "quiet title" and take back the property.  It need to be established that the property is not being sold with his property.  He may claim "adverse possession" but I think that he will lose if she consented with the understanding that the proeprty remained hers and he would fix it when he decided to sell.  Get help.  Good luck.


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