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  1. #1
    Join Date
    Nov 2010
    Posts
    1

    Default Can I Be Forced to Move

    State of: Florida

    Seven years ago my grandmother let me move on property she said my mother would inherite. I moved my mobile home there, had a well and septic tank installed.

    In 2008 grandmother had three deeds made and notorised dividing the land between theree sisters. However grandmother kept the deeds.

    My mother and grandmother had a falling out so grandmother made another deed giving my mother's share to my aunt.

    Now i'm in limbo. Can I be forced to move?

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Can I Be Forced to Move

    you bet, why did you think you had the right to stay?

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can I Be Forced to Move

    Most likely she can but it would likely take legal action to force the matter. Your mother would have to protest that she in fact owns (in part) the lot based on the earlier deeds. Your grandmother can't "deed" something from one sister to another, she can only deed what she owns. Now she may have argued that she NEVER made the original deed to your mother but given evidence to the contrary your mother might prevail.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can I Be Forced to Move

    The issue is more than whether the first deed was made - it's whether it was delivered. See Howarth v Moreau, 430 So. 2d 576 (Fla.App. 5 Dist.1983). Except in very unusual circumstances (e.g., when the conveyance is by a government entity), in order to be effective a deed must be delivered. That doesn't necessarily mean delivery into the hands of the beneficiary. It could mean that the deed is registed, creating a presumption of delivery. It could be that the deed is entrusted to a third party who holds it pending a contingency (e.g., the grantor's death) at which time it is to be delivered. It could be inferred from the execution of the deed where the grantor dies before she is able to deliver the deed. Depending upon the full facts of this case, it may be possible to establish delivery. See, e.g., Kerr v. Fernandez, 792 So.2d 685 (Fla.App. 3 Dist.2001).

    But based on the facts disclosed so far it would appear that the deed was not delivered - it was simply placed in a desk drawer. Under the facts shared so far it would appear that Grandma had the legal right to rip up (or simply ignore) the deed in her drawer and convey the property to somebody else.

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