Q: a piece of property next door to me, original owner was alive, he verbally handed over to me in case of his death.
How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!
A: Hire an OK attorney to search the title and determine ownership. Without a deed a non heir does not take, and your oral gift violates the Statute of Frauds. So you might make a deal with his heirs. See if taxes are delinquent also, as a tax sale might be available.
A: There is likely no way to legally enforce a verbal promise to hand over real property in these circumstances. The decedent should have made a Will or recorded a Transfer on Death Deed. At this point, you will have to contact his heirs and ask them to deed the property to you, and they are under no legal obligation to do so.
A:
Contact an attorney to discuss your facts. If you exchange money, then you may have a few options. But either way, if a deed was not recorded, filed, or signed then it is an uphill battle.
Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
