Ejection of property from my personal property
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Ejection of property from my personal property
I purchased property several years ago. The neighbors foundation was on my legal description. He kept bartering but would never act so I finally started the process of ejection and he passed away. There is no written evidence of our conversation although I have witnesses of every time I talked to him in person and on the phone to come to an agreement for him to sign the 50ft parcel over to me. The dwelling is falling down on the property and is dangerous
Asked on October 27, 2019 under Real Estate Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Under what is called the "Statute of Frauds," any agreement to transfer (sell, barter, give up to settle a case or claim, etc.) an interest in real estate other than a lease for less than one year must be in writing to be enforceable. So an oral ("oral," not "verbal," is the correct term for "unwritten") agreement to transfer a parcel to you is not enforceable.
If you Google "Michigan Statute of Frauds Real Estate" you can find a link to the relevant law, which is section 566.106 (you state government does not provide a secure link, so we can't post it here).
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