QUESTION
Can I put a lein on my sister's property?
Asked on Nov 23rd, 2021 on Breach of Contract - Pennsylvania
More details to this question:
I moved into my Sister's property 3 years ago. I have been paying the mortgage, and all utilities are in my name. 6 months ago she separated from her husband and moved in with my son and I. We made a verbal agreement to make improvements to the property and in 2 years put it up for sale and buy a bigger property jointly. I have invested much money into the property including paying for half of a central air and heating unit, installing new windows, new carpeting a toilet a stove among many other things. Unfortunately Things have not been going well and and she is trying to force me out of the house. I'm actually in somewhat of a dangerous situation and was wondering is it possible to put a lein against the house to recoup the money I've invested on improvements? We never put anything in writing but I do have all of the receipts and proof that I have paid the mortgage and the bills.
1 ANSWER
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Generally, agreements regarding a transfer of real estate must be in writing pursuant to the Statute of Frauds. However, since your oral agreement only regards improvements, etc., you may have an enforceable claim under a simple breach of contract or a quasi contractual theory, unjust enrichment.
Fortunately, the Pennsylvania Superior Court recently held in favor of a party on a similar fact pattern. The case is not published but may be found by searching Wilson v Parker Pa Superior Court 2020.
Please note that having a claim for damages doesn’t give you an interest in the property or a right to live there. To the contrary, she can legally evict you. However, if you successfully obtain a judgment, the same will act as a lien on the house so that she will be unable to sell or refinance without satisfying the lien.
I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.
Best Regards,
Matthew R. Nahrgang, Esquire
35 Evansburg Road, Ste 400
Collegeville, PA 19426
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(610) 489-3042 fax
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Answered on Nov 29th, 2021 at 12:15 PM