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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I cared for an elderly neighbour for over 12 years and never

Customer Question

I cared for an elderly neighbour for over 12 years and never received any numeration, I asked to buy a piece of the field behind me and received a letter from the niece of the elderly lady stating they we gifting me the piece of the field in “ recognition f my wonderful help and support”
I have tried to get this piece of the field transferred to me for 4 years and have just been informed the niece has sold the field which included the piece promised to me.
The new owner informs me he could ask me to vacate the field, which he says he does not what to do he could lease me the piece or sell me it, I believe he will ask for more than the land is worth it is 0.1 of an acher and he paid 10,000 an acher, because I have done a great deal of work on the piece of field making it into a law, building a concrete dog kennel and greenhouse and putting in concrete paths planting trees etc,
Once I have a letter stating the price from the new owners Solicitors, can I lodge a counter claim off the niece for the monies being asked by the new owner as this piece of land was promised to me in lieu of payment for all the my care I provided over the years.
Laura Proudlock
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Could you kindly confirm the exact wording of the letter you have from the niece please?

JACUSTOMER-b43z6ch5- :

sincere appologies for the delay in dealing with your request for land we are happy to go ahead with your request for land we are happy to go ahead with this and are willing to let you have the 44metre length x 10 metre which should give you a good vegetable plot

JACUSTOMER-b43z6ch5- :

continuation of the leter "we are gifting you the land in recognition of your wonderful help and support and thank you for your kind offer to pay for the legal fees which we accept I shall send the plans to the solicitors"

Joshua :

Thank you. What happened regarding the legal fees - did you make offers to pay them? Did simply nothing happen after this despite follow ups by you?

Joshua :

Would you like to continue?

JACUSTOMER-b43z6ch5- :

I had previously been given a 4x4 metre section of the field which had not been transferred onto my deeds as I had asked to buy a larger section, so my solicitor asked that at the same time as the transferthe 44x10 metre section the 4x4 be included and that the covenant of the piece of land be used for horticultural use could not be applied to the 4x4m as it was legally mine by wright the niece then said there must have been a misunderstanding and she did not mean a piece of the field in front of the 4x4 was included in the transfer however, the 4x4 was within the gift of 44x10m and would have made the gift 40mx10 and not as stated in her letter 44x10 which she saw we have been trying to get her to honour her gift and she has now sold the piece she promised/gifted to me which I took as quoted was a way of recognising that I never received payment for caring for her aunt for years

Joshua :

Thank you. If you can show 1) that something was promised to you (the land) and 2) that you relied on that promise to your detriment (that you have improved the land) then you have grounds to hold the niece to her promise under estoppel.

Joshua :

Estoppel is an equitable remedy that runs that if A promises something to B and B relies on that promise to his detriment, A cannot refute A's promise.

Joshua :

On the basis you have evidence that the land in question was promised to you in the form of the letter you have from the niece could seek to restrain the person who has bought the land from the niece from evicting you from the land on the strength of that letter.

Joshua :

In addition if you can show that you were promised the land if you cared for your neighbour this is another ground on which you can claim estoppel or even contract with the niece.

JACUSTOMER-b43z6ch5- :

I asked the niece prior to erecting a fence around the piece of land if it was ok to do so and she agreed

Joshua :

Based on what you say above you may wish to consider instructing a solicitor to seek an application to dispute the right to transfer the land in quesiton to the new owner and an order that it is transferred into your own name on grounds of estoppel

Joshua :

Is there anything above I can clarify for you?

Joshua :

I am just about to step away for 20 minutes with your permission. Does the above answer all your questions or is there anything I can clarify or help you with any further?

Joshua :

Is there anything else I can help you with?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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