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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Over 20 years ago the farmer who owned the field behind my

Customer Question

Over 20 years ago the farmer who owned the field behind my property animals demolished my boundary wall and by way of compensation the farmer gave me a section of the field the length of my boundary, and agreed to allow me to buy some land at a later date.
The farmer died and I looked after his wife for over 15years until she was taken into care, during this time her niece became trustee so I approached her to buy a section of the feild.
I had marked out two section and showed these to the niece, there were two options 44x10 metres and 44x15metres. To my surprise I received a letter from the niece, executor of the ladys estate which said she was gifting me the 44x10metre section for my help in looking after her aunt the gift was for horticultural use and she accepted my offer of paying the transfer fees. the transfer was going ahead until, my solicitor pointed out that within the transfer was a section of the land previously given to me by the Aunt 20 plus years ago which I had fenced off was mine by right and could not have the horticultural restriction placed on it.
Since my solicitor pointed this out the niece now says there must have been some misunderstanding and a piece of the land included in the 44 x 10 metre length which would make the size 39x10 metres was not included I had already fenced off the section planted trees and grown crops on it. I intend to hold her to the 44x10 metre section gift am i right in thinking that once a gift has been offered and accepted the gift cannot be revised and if i take this to arbitration what is the likely outcome
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 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 :

can you kindly clarify in relation to the area of land which had previously been gifted to you and fenced off, had this area of land being formally transferred to you by deed by the original farmer or had no formal transfer taken place but merely the physical fencing off of the land?