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What are my rights on a quarter of ten acres of land left by…

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What are my rights...

What are my rights on a quarter of ten acres of land left by my father back in the 80s I have registered it at the Victorian Titles office then in 1987 my brother and his wife decided to buy it back against my will and they valued the land of 10acres at 75000$ and my portion being 25000$ she wrote a quick note which to me was not legal even though we both signed she wrote that it would be paid say 3years at 3%interest failing that it would be at the percentage going but now being 2017 and still no monies have been paid is that so called contract still stands or did it come null and void and stick to what ever value of the land is today or at selling I dearly hope that I qualify for the value of now or at selling would be there has been a lot of family feuds I feel that I was used abused I was the slave of the family and to keep the peace and care ring both my mother for twenty years or so what is your advise that I should follow

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Sorry it is and was back in Victoria Melbourne now I live in Queensland

Lawyer's Assistant: Has any paperwork been filed?

I registered it at the Titles office but the minute this so called transaction with my so called sister in law she took upon herself to change the Title in her name not in my brothers name which she wasn’t family by the way she left my brother and the baby and nothing was done any more so that is it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My brother also owes us on other 7000$ how do we stand with that by the way his daughter took it upon herself to take the pay off at the original so called contract but I feel cheated and untreated fairly I feel as though I’m being betraid in my opinion

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 hours by:
11/25/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

My apology for the delay

If you were the owner, noone can buy them without your consent. If you signed to sell the land to them then it appears you have consented.

If there was duress then the contract may be invalid but your biggest problem is your 30 year delay is a problem because you have 6 years to chase a debt from the date the last payment was made or the agreement was entered which ever is the latter.

I would suggest you lodge a caveat on the property. You then need to take the agreement for the loan to a solicitor ans get more detailed advise on the transaction and also the loan.

But you have problems.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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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.

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