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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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Good afternoon My Family own a 50% share in a farm where the

Resolved Question:

Good afternoon
My Family own a 50% share in a farm where the other 50% was inherited by a relative in 2009 and since that time the relative has forced his way into control and deprived my parents of everything, taking advantage of their age and now he is threatening a forced sale upon them so that he can buy them out at a much reduced cost.
I own a property on the same farm which I purchased from the business, 20 years ago, my question is, could I re-assign that same property for the benefit of my parents and if so would it increase their share percentage in the farm. I will eventually inherit their share of the farm but it is a thankless task trying to negotiate with the other partner so is this a way forward so that my family who originally bought the farm can take back control
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
if this man was to force a sale of the business or the farm in its entirety to him, would my parents have the right to challenge
Expert:  Buachaill replied 1 year ago.
1. Dear *****, here you should be aware that even if you assign or give your farm to your parents this will not increase their share in the jointly owned partnership farm beyond 50%. Land ownership does not work like that. Essentially, their 50% share in the farm is fixed. Secondly, your parents should consider the partition of the farm they own jointly as this would result in the farm being divided equally between themselves and this other 50% owner. This would bring the unseemly behaviour to an end and solidify what land they will actually own outright. They would then be able to own this 50% outright.
Expert:  Buachaill replied 1 year ago.
2. Be aware that in law, there are two different situations here. The first is the land ownership. This is owned jointly on a 50:50 basis. This can be partitioned and divided in two. There is only a partnership as far as the operation of the farm is concerned. This aspect is governed by the Partnership Act. However, there are different legal rules applying to each aspect. So the aim here would be to divide the land in two and then operate their own half share themselves.
Expert:  Buachaill replied 1 year ago.
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