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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 781
Experience:  Solicitor with over 15 years experience.
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After the death of his parents my husband bought out his two

Customer Question

After the death of his parents my husband bought out his two sisters share of the house and land. one sister has kept her horse on the land with no rent paid for 40 years. my husband wishes to sell some of the land leaving her a small paddock and stable. what rights does my husband have and also what rights does my sister in law have? we are trying to come to an amicable solution.
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
Has your husband let his sister use the paddock free of charge as a favour to her? If so and assuming she does not live on any adjoining land then she would appear to have no rights whatsoever over the land.
Is there any sort of formal agreement between them?
Customer: replied 1 year ago.
There has never been a formal agreement she has been using the land and stables for 40 years, my husband had continued to let her use the land for her horse, he bought out the two sisters inherited part of the house and land 15 months ago she does not live on the land but has a house across the road, she is 74 and can no longer ride her horse. we are about to sell part of the land for building giving her part of the land and stable. she has now submitted an interest in the land up for planning permission. we would like to know if he does have any rights and would like to make some sort of compromise with her.
Expert:  LondonlawyerJ replied 1 year ago.
OK what interest does she claim to have in the land?
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 781
Experience: Solicitor with over 15 years experience.
LondonlawyerJ and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
She has been to see a solicitor and he says she does have some rights because her horses have been allowed to graze on the land for 40 years by her parents. because of the impending sale of the land we would like to deal with this quickly and amicably. I am dealing with this on behalf of my husband who had motor neurone disease
Customer: replied 1 year ago.
I would like to correct the wording on my answer at 11:13
"she is 74 and can no longer ride her horse. We are about to sell part of the land for building leaving her part of the land and stables to use for her horse." we do not charge her rent
Customer: replied 1 year ago.
My husband has just sent me the wording on his mothers willYes and see below the exact wording from Olive Brisker’s Will concerning Diane’s use of the land.“Clause 6.6If Robert completes the purchase of the Property I request Robert, but without imposing any binding trust or legal obligation on him and without conferring any interest on any other person to permit Diane to continue to use the stables and fields that form part of the Property for her animals for as long as she wishes upon such terms as Robert shall determine but I do not intend for this wish to extend for the benefit of her successor”.I think you should send this exact wording for the solicitor to see.Bob.
Customer: replied 1 year ago.
I have to go now but will log in later today
Thanks
Paulette
Customer: replied 1 year ago.
I am now logged in
Paulette
Customer: replied 1 year ago.
Do you have anymore answers for me based on the extra information I gave you yesterday
Many thanks
Paulette
Customer: replied 1 year ago.
I haven't had a reply from my last 6 emails so I can't really complete a review on the whole service
Expert:  LondonlawyerJ replied 1 year ago.
I am sorry it seems that the answer I posted after you gave me more information has not been sent for some reason. I am afraid that this is a complex situation involving an overlap of land law and contentious probate. The only sensible way to deal with this is by instructing a solicitor in the orthodox way.
Customer: replied 1 year ago.
Thank you I will
Expert:  LondonlawyerJ replied 1 year ago.
Thanks and good luck with this.

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