Sheboygan, WI asked in Real Estate Law for Wisconsin

Q: Can legally transferred land be just taken back?

My husband and I were given land (paperwork was signed by both parties for the ownership transfer). The prior owner is upset about something and thinks he can call the county and just take the land back. This land had been in our name for years now and is also included in the assessment of our home value (which we have a loan out on). Can he legally do this?

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1 Lawyer Answer
Thomas B. Burton
Thomas B. Burton
Answered
  • Eau Claire, WI
  • Licensed in Wisconsin

A: If the land was legally transferred by deed, and your name is now on the title to the property, the previous owner cannot take it back unless you sign a deed granting the land back to them either by gift or by sale. The only other way I can think of for the previous owner to get the property back is if they sued you for fraud and were able to prove in court that you somehow fraudulently obtained the title from them. I would make sure the previous deed in which you received the land is properly recorded in the county where the land is located. I would consult with a real estate lawyer near you regarding the particular facts and circumstances of this case and the deed in question.

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