Humboldt, TN asked in Real Estate Law for Tennessee

Q: I have purchased a property from two brothers and filed PA. Now one brother signed deed and other is MIA?????

Bought 11 acres of a 16 acre plot from two brother that inherited it from their mother. A few months later they are in financial hardship and sell us the rest. PA signed, notarized and filed, along with saying they received funds. Now, one brother has signed the deed but the other is MIA, tho he signed everything but deed. We allowed the one that signed to stay on property but now he is giving us issues with accessing the well and other small things like it is his land. Do I file a lien? How do I kick him off now because he clearly is violating agreement to stay. We also paid back taxes to get current.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Knoxville, TN
  • Licensed in Tennessee

A: Hire a competent attorney immediately. You will probably need to sue for Specific Performance in

Chancery. A Title Search needs to be performed with some type of source of Title determined and placed in the Derivation of Title Clause. Who drafted the Deed, then transferred money without its execution? Upon receipt of Deed, an Ejection or Detainer Action may then be necessary. And then you will have to pursue access apparently. SOL's are running now. This is not the way to purchase real property.

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