I am asking this on behalf of a friend of mine. He inherited together with his brother land, which is owned 50/50. He decided to convert an existing workshop into his business, with the ok of his brother, however, he is being bullied by his family now and can't make any decisions at all, not even about whether he can plant a hedge there and he is now not even allowed to let his dog on the land. His brother also insists on a share of the profit he makes from his business. My friend is now close to a nervous breakdown, as he has no freedom at all and even can't remove rubbish out of the workshop to continue building. Both brothers also inherited another piece of land and the grandmother's house, also 50/50 each. He is willing to give the shares of both places over to his brother if he in turn can have 100% of the land he is building on.
What are his options to end this terrible situation? His brother is not willing to agree to any deal, and my friend fears that he will never be free.
2007-02-23 05:35:37 · 7 answers · asked by Wednesday 3 in Politics & Government ➔ Law & Ethics
Is there any legal chance to force his brother to pay him out, if he rejects the land and go to build his business somewhere else? Or is he stuck with the land?
Is there a way how he can force an agreement between him and his brother?
So sum it up: My friend owes land with his brother, and is building his buisness on this land. His brother is ok with that, but wants a percentage of the profit. Although my friend owns the land to 50/50, his family won't allow him to make any decisions.
2007-02-23 05:46:20 · update #1
The land is in Wales and it is about 1 acre, of which a part of it is in the green belt area, so building on this end will not be possible/
2007-02-23 05:48:24 · update #2
Do you know a place where he can look for a solicitor specialised in land law?
2007-02-23 06:02:06 · update #3
His brother justifies his claim of wanting parts of the profit, as he would have otherwise rented teh building out and made money from the rent.
2007-02-23 06:35:47 · update #4
Were there any other conditions stated in the grandparents Last Will? If not, then if I were your friend, I would offer my half FOR SALE at the current land prices in the area on a Conventional Loan and NOT Land Contract. (land contract is owner financed) I would then take that money (which he would be getting at closing from the bank) and either put it into a high interest savings or re-invest it in another piece of property.
Co-ownership among family members, especially brothers/sisters is very trying on the patience and stressful. From an investors point of view, this is a good answer for your friend to 'opt out' and this is the course I would take.
To create freedom, sometimes we have to go against what the other family member wants. This seems to be an answer to the issue. If his brother will not purchase that, then if I were him I would contact an attorney and take it to court and let the judge make a decision and 'set ground rules for owership' of 50/50.
If your friend is smart and brother won't buy, he is free to get this 50/50 negotation on paper, then put the 50% he owns up for public sale or auction. Then his brother is going to have to play by the rules. Whereever there is a problem there is an answer. Since your friend legally owns half, he can choose to work with that half any way he chooses. Maybe they could even draw a boundry line, having the property assessment and have it divided into two seperate lots. That could be an answer as well.
Hope this helps.
2007-02-23 05:48:11 · answer #1 · answered by chole_24 5 · 1⤊ 0⤋
Big Question...and depends on where the property is located and how big it is. In most situations there is really nothing you can do, as ownership is 50/50. However, if the property (land) is big enough and the Coutnry Regulations are agreement, you can go to court and have it segregated. For instance, if it is a 100 acre that is all thesame, a court can decide to give 50 to each with 100% ownership to each. As far as the money from his busines, the other brother is Not intitled to it! The idea of giving him the other property in exchange for this land is a good one and can be used in court to leverage the buy out!
2007-02-23 05:45:05 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Get him to take advice from a Solicitor, the initial consultation may well be free and it is highly likely that a letter from the solicitor would settle the matter. The cost of that might be £100 or so, but would be money well spent.
As regards the share of profit, unless they work together and share expenses and outgoings for the business there is no justification for this at all.
The brother seems to be able to bully your friend into submission, agree nothing put it in the hands of a professional bully (a Solicitor).
Consider also injunctions to prevent confrontation, interference or abuse.
2007-02-23 06:28:27 · answer #3 · answered by streetblitzer 3 · 1⤊ 0⤋
The storey is really really confusing to understand but from what i have heard i would say some authority's should be involved like a land agency or the council to make it clear in a report or letter the fact the land is 50/50 and the rights each person has. It is not fair that one person can take advantage of land than the other person if it is 50/50.
2007-02-23 05:41:41 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Unfourtunetly greed will suck the silly and screw the different areas of the kin. in the event that they could't compomise immediately on a settlement between themselves it quite is the perfect answer then proceed with an legal expert with something of the kin it quite is at the same time. needless to say the court docket will finally end up coping with the deal and merchandising all of it and dividing it as meant. the swifter the extra useful by using fact the puzzling thoughts will come and the spite will start up . who's going to pay the tax's? mortgage? electric? maintenance?insurance?grasscutting?oil?gasoline?et... Have the single sister purchase the others out for honest marketplace fee desperate via the general of three seperate actual factors appraissels if she and hubby % the farm. . If there's no compromise with finished have confidence divide all of it as meant to end destiny kin headackes and quarrels. Whoever needs a farm can pass purchase there very own with there proceeds or there very own investment!
2016-12-17 17:10:43 · answer #5 · answered by andie 4 · 0⤊ 0⤋
Your friend really does need to go and get professional help with his problem. It appears to me he is being harassed, and that in itself is against the law.
Most solicitors will give you a free consultation for half an hour, and in that time can determine what can be done.
It would be better to do that than discuss his dilema on here.
Good luck!
2007-02-23 05:55:52 · answer #6 · answered by ? 5 · 1⤊ 0⤋
You really need to see a lawyer that specialises in land and ownership rights. It will then be sorted once and for all.
2007-02-23 05:43:56 · answer #7 · answered by daria 3 · 1⤊ 0⤋