https://www.cherokeecountyalsheriff.com/press_view.php?id=939
So I got a call from a lady in middle Georgia concerning this fella. Apparently her son had what sounds like a handshake agreement to buy a 14-14 section from him and has been paying for 13 or 14 years.
She is unaware of any contract & said there is no deed and she wants me to survey the land. SMH. I tried to explain with little success that I need to know what I am surveying before I can survey it.
I could only tell her I need more info, a proper legal description, contract, etc... So she is gonna drive to Centre and see if she can find anything.
Right now the concern is that 13 or 14 years of payments has just been lost.
If he made the payments by check there should at least be some records of that. Has sonny been in possession of the land while making payments??ÿ?ÿ
Did anyone else outside the family know of the (apparently verbal) purchase agreement?
Did he make notation on the checks that they were for buying the land?
Sounds like it may be difficult to overcome the statute of frauds, but he needs to collect any and all evidence of the deal and see a l*wy*r.
Lots of questions and no good answers.
I was really caught flat footed and really didn't know how to respond with anything other than stammering when I was told there was no deed and to her knowledge not even a description.?ÿ
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Presumably the wife beater had some deed by which he acquired the land.?ÿ So a description is probably no trouble. Then we have, perhaps, evidence of payments being made. Which, it will be counter-claimed, were merely rent payments.?ÿ
Living on land for 14 years without being kicked out, makes one think there was an agreement made. However what that agreement was is who the Jury believes more.
I did a septic plan for a lady one time. There was no deed filed. This was he first house she have ever owned. She had rented her whole life. She was mad. The guy was self financing the land. Come to find out he did that to about 15 people. He didn't even own the land it was owned by an out of state company.
