Dear Mel...

Land is Mine

Dear Mel

I do not know if you can help me, but I just do not know who to ask about this. Its not the sort of problem I can share with friends as its deeply personal being family related. 

My parents passed away some years ago, my mother first followed by my father. I have lived away from home for some time as has another brother. The only one left at home, our youngest brother farmed the land. He built a house on land my parents gave to him and he and his family live there. He helped my parents to farm the land and has continued to do so since they died. My problem is my parents sorted out his inheritance with the house and the land and they left their own house to my other brother and the land to me. Now its not that I need the land right now but that is beside the point. My brother has continued to treat it as if he owns it and he has never started a conversation with me about discontinuing or anything. This is not quite the same situation as The Field, but I don’t want it to turn into a family feud over the land.

While I don’t want to fall out with him, I do think he is being quite cheeky as he knows its my inheritance. My ideal solution would be to sell it to him or my other brother as it’s beside both houses. I have not broached the subject with him as I am unclear what the best way to proceed is.  I mentioned it to my older brother, and he said to leave him out of it, he does not want to get involved. I really don’t want to cause trouble in the family but at the same time it is mine legally. How do I get my brother to acknowledge he is in effect trespassing and get him to leave the land? I am not particularly close to my brothers and they are not close to each other, but I do care about them and feel we should try to remain in each other’s lives on good terms. I’d appreciates any advice you can give me. 

Regards Catherine 

Dear Catherine, 

Oh dear, I can only imagine the agonising you are doing over this complex issue. You do need to act though and the sooner, the better. 

There are two ways of looking at it, the legal way, and the emotional way. Legally, you are completely within yours right to have a conversation with your brother about it, tell him you wish to sell the land and that you are happy to give him first refusal. You could sweeten the deal by telling him you will discount the market price by a percentage. If you are finding it hard to broach it with him directly, you could write to him, just a nice letter or email outlining that whilst you are happy that he has continued to farm on the land since your parent’s passed away, that it is in fact yours and you want to sell it. The longer you leave this difficult conversation or letter, the harder it will be. He is never going to raise it with you, after all, why should he, you have not given any indication that you are not happy. There may be an assumption on his part that you do not want the land and your lack of interest combined with not tackling the issue with him has let him believe you are in fact satisfied with the current situation. Depending on how long your brother has been farming the land you should also be aware that they may be issues in relation to Adverse possession, otherwise known as ‘Squatter’s Rights’.  This could be a particular issue if there is no rent paid on the land.

So, it is time to act, directly if that’s possible, face to face is always best. If geographically challenged, then write. That gives him time to consider a response of some sort. He can also ascertain if he can afford to buy from you. 

Would you be willing to let the land to him? If so, perhaps before you speak or write to your brother, find out the market value for letting it. You might have to ask a locally based auctioneer (with discretion), perhaps ask for a price guide. I would not advise you to get a third party to view the actual land at this point to put a value on it as that really would alert your brother without any context. Best to get the facts, speak to him or write to him. 

The legal route, of course is a difficult one and it may also be costly if you end up taking proceedings against your brother should he refuse to comply with your wishes. I really hope it does not come to that. However, regardless of the outcome of your discussions you will need to draw up a legally binding document that protects your interests and makes the position clear so there are no misunderstandings in the future.

In all of this, there is a bigger picture. Do you need the money? Have you been relying on the money for a plan you cannot progress without it? Do you see it as something you hope to leave to your children in time to come? Only you have the answers to those questions. 

If it is a case that you do not need the money and you do not feel the need to pass it to your children, you could ask your brother for a nominal amount of rent on it but with an understanding that it is for a period, five or ten years, so he has time to consider buying it from you. Its really a negotiation that needs to happen, one that you and your brother will be happy with. If he cannot afford to purchase, then offer to rent perhaps with a caveat that he can buy after an agreed period. 

Just stay calm and see it as a business transaction so tempers do not fray. Do not enter any discussion with assumptions on either side. Be clear about what you want. Ask him what he is thinking, you should not try to guess. Stay focused and to the point. Do not get side-tracked by other topics, bring everything back to the point. 

I wish you well and hope it all works out for you and your brother. I hope any conversation is the first step to building a better and closer relationship as I believe it is something you can achieve. It just needs a bit of work, much like the land your brother is adept at nurturing. 

Mel 

If you have a problem for Mel, please email her at womansway@harmonia.ie