Trust of Land Act

[sanpez]

Have a question re Land charges and I am not sure where to post. Could someone please advise me.

Many thanks

[ims21]

Can you give a bit more detail and we'll move the thread to the approrpriate forum for you.

 

ims

[sanpez]

My mother in law has got to sell her farm to the local council as they wish to build a road. About 23 years ago my sister in law and her partner moved into a mobile home on the farm . They gave the in laws £20000 and lived there rent and bill free for 4 years until he decided to leave. When the money was given my father in law (now deceased) without my mother in law's knowledge (in laws joint names on the deeds only) gave them a letter saying they would get 20,000 back plus 20 per cent of the profit of the sale. The council are paying 350,000 for the farm plus her solicitors bill stress etc which amounts to about 530,000. Her solicitor said that the her half of the property could not be taken into account as she had not signed the letter and the most he would be getting was 34,000. He has now said he wants 110,00 and is quoting Trust of Land Act. Can some one please explain this to me as my mother in laws solicitor said she did not really understand it. Many thanks

[ims21]

OK bear with me please...

[ims21]

Thread moved to Legal Issues and re-titled.

 

The guys will be happy to advise as soon as they are available.

[sanpez]

Many thanks for your help

[The Mould]

Good evening Sanpez

 

Based upon your above posting, it appears that there is a debt owed at law to your sister-in-law pursuant to the terms of the said letter. Can you post up the full contents of the said letter, further, did your sister-in-law and her partner carry out any work on the farm, assist with the daily running thereof etc, etc?

 

Kind regards

 

The Mould

[sanpez]

Thank you for your quick reply, unfortunately I do not have a copy of the letter, I will try to get a copy although it is a bit old 1981 I think. My sister in law and her then partner lived there for about 4 years and they had their own horses that they stabled there and did not do any other work for the farm. They gave the inlaws 20,000 as the purchase of the farm cleared the inlaws out, but did not pay rent or bills. After 4 years he left and my sister in law moved out as well. There is no dispute that they are owed the 20,000 with 20 per cent interest on the profit from the sale of the farm, incidently it is not my sister in law who is asking for the money but her ex partner who has appeared after 20 years. I will try and get a copy of the letter and post it for you to read. It just seems so unfair that he is entitled to £110,000 due to this Land Act when he has not contributed to the upkeep for over 20 years and the fact that my mother in law is the one losing out.

Kind regards

sanpez

[The Mould]

Good morning Sanpez

 

I apologise for my confusion as to the party making the claim, I understand now that it is your sister-in-law's ex partner, thank you.

 

Did your sister-in-law and her then partner put up the funds of the said £20,000 jointly?

 

The ex's claim will turn on the terms of the agreement set out in the said letter provided by your father-in-law and whether or not he (the ex) put the full amount of the said sum up out of his own finances.

 

The above needs to be established by you, it may be the case that the ex is only entitled to 50% of the £20,000 and 50% of the said agreed 20% promised by your father-in-law in the said letter.

 

How has the ex calculated the sum of £110,000 that he asserts entitlement to?

 

On another note, do you have any idea as to what Andrew88 means by his above post?

 

Kind regards

 

The Mould

[sanpez]

Hi,

Many thanks for your reply not sure how he has calculated the amount but have been told by his solicitor that it is something to do with the land act. Mother in law has no problem in giving him half of the 20,000 + 50% of the 20% per cent of the profit. His solicitor has sent a letter saying that he is entitled to £110,000 because of this Land Act. The original 20,000 was paid to the in laws by both sister in law and ex partner. He has had no contact with them for over 20 years and has not done any maintenance, when they gave the money father in law gave the letter regarding pay back, when he left he put a claim against the land for when it was sold to get his money back which is fine it is just the amount that he has come up with. My mother in law is 78 disabled having to move because of a road and she really does not need all this. Thank you for any advice you can give.

 

Regarding Andrews88 I can not see his post.

 

Many thanks

Sanpez

[The Mould]

Thank you Sanpez

 

At what stage is the dispute concerning this matter?

 

Has the ex, through his representatives, set out his claim against the Estate in full and the grounds as to why he asserts entitlement to a sum of £110,000 under the said agreement with your late father-in-law? If he has not, send a written request to his representatives for the same, stating that you do not dispute that their client has a claim on the Estate, however, in the absence of details as to how your client asserts entitlement to the sum of £110,000, we believe, on the facts as to how the said agreement came about and that your client did not fund the entirety £20,000 out of his own finances, that your clients' claim to such sum is groundless.

 

Further to the above, contrary to your clients' claim to the said sum of £110,000, it is in fact the case that your client is only lawfully entitled to 50% of both the said £20,000 and the said 20% of the £350,000 sale price of the property pursuant to the said agreement made between your client, my sister-in-law (state her name instead) and my late father-in-law (again, state his name instead).

 

The above is only an example for you Sanpez and may not be relevant, depending on the stage of this dispute, in any event, I do hope this will be of some help to you and your family.

 

Kind regards

 

The Mould

[sanpez]

Thank you very much for your help, it has been very helpful.

 

Kind regards

Sanpez