If my brother owns the landthat mythe mobile home is on, can I enter the home without his permission to be on the land?

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If my brother owns the landthat mythe mobile home is on, can I enter the home without his permission to be on the land?

My father passed 5 years ago. My mother hit the alcohol and moved in with another man. She gave my brother 2.5 acres and gave me 2.5 acres. My sister did not get 1 inch because everyone assumed she didn’t want the land (which we now know she does). I sold my share of the land and executed a quitclaim deed to my brother, so that he “could build a house” (which he has not built nor paid me the agreed amount). I have a mobile home which I want to enter. I have witnesses to the agreement with my brother as well as a Will from my dad saying the land was to be divided 3 ways. Can the deed be voided since he did not keep up with his side of the agreement?

Asked on November 10, 2010 under Real Estate Law, Arkansas

Answers:

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

Answered 10 years ago | Contributor

I think that you need to seek help from an attorney in your area on this matter.  It seems that you have a lot to straighten out, starting with the "agreement" with your brother.  Here is the problem: contracts for the sale of land must be in writing or they violate a law known as the Statute of Frauds. So on the outside it looks as if you gave your brother the land. Not good for you.  As for the mobile home, seems it appears you might have "given" him that too.  Your sister may also be out of luck here.  Go see an attorney as quickly as you can.  Good luck.


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