Please give me as much detail as possible.
As it is weekend, I have “domestic” things to do as all UK Law experts do. We are real people, practising law. We/I do give bespoke personal answers to your problem, so please bear with me if I don’t get back to you within minutes!! It may be a few hours or even overnight (we/I do sleep..sometimes!). If this is a problem, and you want an urgent answer for some reason, simply post up and another expert will assist.
Thank you for your question on Just Answer
Thats not a problem with the time scale.
He did buy the land. It was a very unclear transaction and the solicitor involved had been my fathers solicitor initially. He also represented my brother. The funds were to refurbish the house but the deeds somehow got signed over. My father had a drink problem and my mother just did as she was told, she was not clear on what she was signing. This happened more 7 years ago. I want to be able to give my brother a way of satisfying my mothers request and letting the family be friends again.
I am sorry but the facts are not clear.
Is this a house or land or both?
Does your brother own the lot?
Is he willing to do what yr mum wants?
Divide what land how? Can I have the physical details please and what split is proposed to who and why? Thanks
My dad needed £20/30,000 to refurbish the house. My brother raised the money but in the course of the transaction (this was the solicitors input) the deeds of the entire property was signed over to my brother. Land & house inclusive. He now owns everything. My mother has her life in the home but just as a resident.
He may be persuaded provided his rights are protected, his investment & the land remain in possession of family and is not sold outside the family.
There are approximately 5 acres of land excluding the home dwelling & gardens.
There are five siblings.
Any better ?
That makes more sense. On what basis is mum there?
You say mum wants to divide the land. What exactly does she want to happen? Will he agree?
My mum is entitled to live there for the rest of her days. She has the choice as to whether anyone can live with her if she gets lonely or finds it difficult, that would be a member of the family.
She would like my brother to keep the main house and garden but to give the land free of any charge to each of his 5 siblings, it amounts to an acre each. We would in turn either apply to build or use the land for some other purpose such as growing market vegetables, dog breeding etc.
He is reluctant to agree but I am seeking to give him a persuasive arguement to encourage him to agree. Currently there is ugly divisions among the family and my mother is very unhappy with the brother that owns the property.
If there was a way to say leasehold the land (over 99 years) so that he still holds the deeds whilst we each would have the use or rights over that piece of land for the duration without selling to an outside party or perhaps look to the idea that the whole case was carried out without due consideration for my mums legal rights and therefore not a safe outcome.
Yr mum appears to haver alifetime interest in the house. He could grant each of youa lifetime interest in the pieces of land you each have, so that it reverts to his estate on your death and you cannot sell meanwhile. It is never of any use to him though until you die. Please dont forget to press accept. Thanks
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).