# Farm inheritance- no will



## millertime (23 Aug 2006)

My grandfather did in the late 70's without a will. My father was farming the lands at this time and has continued to do so since. However one of the other siblings has now made a claim on part of the land (which is subject to first registration). 

Given the above circumstances, How strong is the claim?


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## propertyprof (23 Aug 2006)

*Re: Inheritance- No will*

AFAIK, as there is no will then this will fall under the intestate provision - and my understand is that the other siblings claim on the land in equal to your fathers.

I stand to be corrected however.


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## millertime (23 Aug 2006)

*Re: Inheritance- No will*

I thought adverse possession kicks in after 13 years??


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## propertyprof (23 Aug 2006)

*Re: Inheritance- No will*

I assumed from what was originally stated that there was some kind of verbal or written agreement the the older son would be farming the land and therefore the former owner/the father was in agreement that the older son farm the land and therefore adverse possession would not apply.

Adverse possession would only apply if the older son was using the land without the knowledge or without the agreement of the father


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## millertime (23 Aug 2006)

*Re: Inheritance- No will*

Thanks for that, however in the event of a claim, would the fact that my father has farmed the land continuously for 35 odd years give him the overwhelming claim?


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## mf1 (23 Aug 2006)

*Re: Inheritance- No will*

"would the fact that my father has farmed the land continuously for 35 odd years give him the overwhelming claim?"

Don't think so. I think all entitled benefit equally - one major reason why everyone who has assets should make a will to avoid this. 

Its 30 years ago - why has no-one sorted this out yet? Presumably someone has applied for a Grant of Administration. This would be needed to ground the First Registration application. Is whoever is making that application claiming entitlement to all of the lands? I think I'd be a bit ticked off if one of my siblings laid claim to an estate where I had an entitlement. 

mf


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## miak (24 Aug 2006)

*Re: Inheritance- No will*

I'm just curious, if the op's father has been farming the land for 35 years after the owner died, to the exclusion of all others who had a claim i.e. his siblings, is this not sufficient for adverse possession?


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## mf1 (24 Aug 2006)

*Re: Inheritance- No will*

Re: Adverse possession

See propertyprof's reply. 

mf


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## millertime (24 Aug 2006)

*Re: Inheritance- No will*

The main reason it wasn't sorted out is that none of the siblings ever made a claim to the property, the sibling who made the recent claim is living in the USA and has done so for the past 30 years, hence there was nothing done about it.


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## miak (24 Aug 2006)

*Re: Inheritance- No will*

Thanks mfi,

but could the op's father not claim adverse possession against the siblings and their claim to the estate, not against his father's estate? After all he was in possession of the land to their exclusion, not that of his late father. I just find it strange, isn't this why AP was legislated for in the first place so that estates and land don't end up in this sort of situation.


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## millertime (24 Aug 2006)

*Re: Inheritance- No will*

Thank you all for your contributions.This is my first experience of this kind of thing and if anything it highlights to me the problems of dying intestate. Any further contribution to MIAK's query are warmly appreciated.


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## December (5 Sep 2006)

*Re: Inheritance- No will*



miak said:


> Thanks mfi,
> 
> but could the op's father not claim adverse possession against the siblings and their claim to the estate, not against his father's estate? After all he was in possession of the land to their exclusion, not that of his late father. I just find it strange, isn't this why AP was legislated for in the first place so that estates and land don't end up in this sort of situation.



But presumably they knew that he was using the land, therefore (as far as I know) there can be no claim for adverse possession.


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## ramble (5 Sep 2006)

*Re: Inheritance- No will*

Your father has a good claim for adverse possession under Section 49 of the registration of title act if he has been in sole benefical occupation of the land for 35 years without paying rent or otherwise acknowledging the right of any other person to a benefical interest in the property.   I presume the application has been made and his brother was served with a notice by the land registry and has objected.  Unless the brother can come up with some fairly serious evidence that he has an interest in the property such as correspondance from your father acknowledging his interest then the land registry will dismiss his objection if all other proofs have been dealt with.  The land registry serves the notices after it has investigated the application and decided that it is valid.  To correct Mf1 a grant of administration would not be necessary in a S49 application.


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## propertyprof (6 Sep 2006)

*Re: Inheritance- No will*



ramble said:


> Your father has a good claim for adverse possession under Section 49 of the registration of title act if he has been in sole benefical occupation of the land for 35 years without paying rent or otherwise acknowledging the right of any other person to a benefical interest in the property. I presume the application has been made and his brother was served with a notice by the land registry and has objected. Unless the brother can come up with some fairly serious evidence that he has an interest in the property such as correspondance from your father acknowledging his interest then the land registry will dismiss his objection if all other proofs have been dealt with. The land registry serves the notices after it has investigated the application and decided that it is valid. To correct Mf1 a grant of administration would not be necessary in a S49 application.


 
I would be VERY suprised if the grandfather did not allow his son the right to farm the land or at the very least acknowledge it.


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## millertime (7 Sep 2006)

*Re: Inheritance- No will*

Propertyprof is correct on the last point. Both my father and grandfather farmed the land jointly for some 20+ years before my grandfather's death after which my father has farmed it solely since 1979. 
I am most grateful for all your contributions


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## propertyprof (7 Sep 2006)

Wait a minute i didnt realise that your grandfather died in the 70's - I thought he recently died - if he has been farming the land solely without anyone saying anything to him since the 70's then he may actually have a case.

I thought your grandfather died recently. Have the other party just recently made a claim on the land? You now need to see a solicitor asap


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## ramble (7 Sep 2006)

Whether the grandfather consented to the son entering the land initially is irrelevant.  When the grandfather died the son remained on the land, dead people can neither consent nor object.  The occupation after the grandfathers death was adverse to other (siblings/spouse) persons who may have had an interest in the land under the grandfathers intestacy.


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## millertime (8 Sep 2006)

In response to Propertyprof, my grandfather died intestate in 1979 after which my father continued to farm the land up to the present day. Nobody else has laid claim to the land up to last year which arose due to my father filing for first registration.


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## millertime (8 Sep 2006)

I am meeting the solicitor next week, I will post an update, thanks again all.


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## millertime (13 Sep 2006)

Just an update here, the solicitor believes the best course of action is to proceed with continuing the application for first registration based on adverse possession. In his opinion it is up to my uncle to prove his claim. Land Registry have asked my father to indemnify them in case there is a subsequent claim.I'm not expecting closure on this anytime soon


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