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ReadyLaw
ReadyLaw, Lawyer
Category: Property Law
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My dad passed away a few months ago and he was a semi

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My dad passed away a few months ago and he was a semi retired farmer. He was renting his land out to people. We have someone with Donkeys who has been using fields and sheds but has not been paying their rent regularly for the past year. They now owe about £7000. There was no formal agreement in writing with these people. They were sent a letter at the start of July asking them to find elsewhere by this month but they have not removed their animals. What can we do?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: My Uncles are the executors and they are now going to use a solicitor but I wondered what rights she has to keep her animals on the land and in the sheds and if there is anything we can do to legally get her off and be paid. If there is nothing in writing in agreement then how can she refuse to leave.
JA: Where is the land located?
Customer: Carmarthen, Wales.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so...

Good day your question has been forwarded to me to see if I may be able to help.

Thanks for your patience. The fact that there was nothing in writing does not prevent the estate being able to take steps to remove her from the land and/or recouping money owed to your father. As, the money would now form a part of his estate. The executor through the solicitors may take steps to give the required notice for them to leave and also notify them of the intention to take steps to recover monies owed. Hope this helps. All the best.

Customer: replied 4 days ago.
Thanks. What if they don’t leave? They have animal stock on the land are we entitled to legally sieze any stock to sell and recoup the money owed? They were given notice to leave by this month in July and have only now replied to it with a clear intention not to leave. Is there anything we are allowed to do which makes it difficult for them. Their animals are destroying the land. Can we try to restrict the fields they have access to?

I would not recommend that you simply stop them having access, you could run afoul of the law in doing this. Once the executors have obtained probate they may send the required notice to them to leave. if they fail to leave, then they may commence recovery of possession proceedings to recover the property.

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