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I'v been farming now 4 11years. The farm is in a family

Customer Question
Hi! I'v been farming...

Hi! I'v been farming now 4 11years. The farm is in a family trust, wich I'm not one of. My wife left me and now I'm stranded. I never claimed any salary 4 that whole period. I did ask 4 compensation, but was told I don't have any rights on the farm, as I put in labour and other parties finances. Can I claim anything?

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

It's in South Africa

Lawyer's Assistant: Has anything been filed or reported?

No everyone is quite, waiting 4 me to go overseas.

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

Allot of stuff was promised, even that the farm would have been given to me and my ex after death. Well it's complicated to explain it just like this.

Submitted: 3 months ago.Category: South Africa Law
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Customer reply replied 3 months ago
Some Kruger rands worth 1mil rands was also given to me and my ex, saying we must use it in case something happens like death, that was also taken away when she left. I'm still living in the house which is not a problem to anyone, but will have to look 4 other work now.
Customer reply replied 3 months ago
A oral agreement was made between me and my ex that I'll be getting 15k rands a month to keep everything running until I move. That was 8 months ago and nothing was payed 2 me. I have expenses like my son's college fees ext, which was payed by my ex or the farm, that I have 2 cover now and I'm unemployed.
Customer reply replied 3 months ago
The farm wasn't that much profitable, but I can't give up 11 years of my life and get nothing.
Customer reply replied 3 months ago
I've made an agreement to sell half off the houses furniture to my ex, and she will pay it off.
Customer reply replied 3 months ago
Well u will have 2 ask me the rest, as I'm not legal wise but farming wise. Lol
Answered in 9 hours by:
2/8/2018
Lawyer: Freddie Lombard, Attorney replied 3 months ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,794
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

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Lawyer: Freddie Lombard, Attorney replied 3 months ago

If you say that you never claimed a salary for 11 years, how did you manage to pay all your bills during that time?

What was/is the arrangement regarding your employment?

I assume that the farm belongs to your ex-wife's family - is this correct?

In the end, you are still employed by the trust/farm and you can continue to work and receive a salary and stay on the farm until your employment is terminated. In other words, the trust/farm must dismiss you, but they will have to follow proper legal procedures and cannot evict you from the farm - you are an occupant in terms of the Extension of Security of Tenure Act (and you are a labour tenant) and you will qualify as a long term occupant since you have been living and working on the farm for more than 10 years.

You certainly have quite a lot of rights, and they are strong legal rights.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further questions here on this topic at no extra cost if you need more information.

Regards

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Customer reply replied 3 months ago
Hi! All the bills was either payed by the farm or my ex and her father. There was never any paperwork done for the employment but I ran the whole farm and I had all the say in it. They said that myself and my ex were renting the farm from the trust, but we never payed anything. Think it was for tax purposes. Since the property was bought by my ex father in law, the value whent up in triple, especially after I builded the farm up 2 where it is now. At first I suggested we sell the farm, and he agreed that I put in a tender by the layers. After I did he said I must cancel it all. My question 2 u is am I able to claim anything from the farm? My ex mother in law stated 1 day that I do not have any say or claim on the farm, as I only put in labour and they the finances.
Lawyer: Freddie Lombard, Attorney replied 3 months ago

No, you cannot claim the farm, or anything from the farm other than income, employment and residence.

Please remember to rate the answer positively.

Regards

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Customer reply replied 3 months ago
Then how much can I claim?
Lawyer: Freddie Lombard, Attorney replied 3 months ago

Well, you claim what you have been paid thus far.

You may not have received money directly from them, but they paid your expenses. So, they must pay you the same amount. That was your income/salary.

Regards

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Customer reply replied 3 months ago
This is really not helpful info.
Customer reply replied 3 months ago
What about a package for 11 year services, how do I work that out?
Lawyer: Freddie Lombard, Attorney replied 3 months ago

I am not sure how the info is not helpful. I am providing you with the answer to your question in terms of the law. I understand that it is probably not the answer you wanted or hoped for.

What do you mean a package for the past 11 years? What package? You were already compensated for the 11 years. You had no expenses - or, as you said all of your expenses was paid for by the trust/farm. Hence, your income would have been equal to the cost to the trust to keep you employed.

That is how you would calculate how much the trust/farm has been paying you during the past 11 years.

Regards

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Experience: Practicing attorney and conveyancer with 16 years post article experience.

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