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Buachaill, Barrister
Category: Law
Satisfied Customers: 10972
Experience:  Barrister 17 years experience
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Since the death of my farther my brother has moved the fence

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Since the death of my farther my brother has moved the fence wich divides the land from his bungalow. I still read the will as he left it to both of us to protect my brother. my farther detested his wife. The solicitors dealing with probate and the will are dividing it as the fence is now .his house to him and my strip of land to me but I disagree with it. If I disagree with the shares agreed by us does it not belong to us both.
No writen agreement was made. We have naturaly used a small fence as a divide but this has since been moved by my brother after my farthers death. If my farther did not intend for us to share or decide what to do between us, why did he say it was mine or my children's if my brother was dead. My sister in law is a violent woman and my brother a simpleton..This is why he did it..Any help please.. John..
1.Dear Des, no agreement in relation to land is binding unless it is evidenced in writing. This is what the Statute of Frauds provides. So, unless there is some written evidence of the agreement you reached with your brother, whereby the land was divided - his bungalow to him and your strip of land to you - the agreement is not binding. So, if there was nothing in writing, you may go back on this agreement. However, if there was something in writing, then you will be bound by your previous agreement. Accordingly, the line of the fence depends on whether there was an agreement or not. If there has been no agreement, then your brother cannot move the fence.
2. Dear *****, (sorry for the wrong name earlier), I would also suggest to you that you enter into mediation with your brother to decide this issue of what to do with the land and the bungalow. Ultimately, so long as your brother's wife is alive or they don't divorce, there will be no peace for you in dealing with your brother and his wife. So, I would suggest you seek to achieve some settlement with him which is satisfactory to you. Otherwise, you are likely to simply run into the problem that is his wife, again and again, in your life. So, I would suggest some form of mediation so that you can end the difficulty of dealing with your brother's wife and avoid these difficulties occurring in future.
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Customer: replied 2 years ago.
Thanks for the reply. Forget the John thing as my name is des.
My farther left a trail of disaster after marrying an illegal philipino here on her sisters passport. Then left her his house.So this situation is the tip of a huge iceberg. Anyway I will take no more of your time.
I have sent an attachment of the will. Please read it and please would you be so kind as to answer this one question......
From a legal point of view and imagining this went to court. Bearing in mind no agreement was made in writing and we are in disagreement....... This house land and buildings should be both of ours to decide what to do with it? Could I loose this case as I'm sure it will go the full stretch sadly. Yours thankfully. Des hills.