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brother trying to claim land

ddoc · 2010-06-08 18:39:49

hi everyone,my mother has full ownership of farmland,now her brother is trying to get some off her saying he is entitiled to it,it belonged to my mums aunt who reared her and left awill leaving to my mum which was about 6 years ago,about amonth ago see became full owner every thing in my mums name ,but she is worried ,is…

08-06-2010 6:39pm

#1

ddoc

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hi everyone,my mother has full ownership of farmland,now her brother is trying to get some off her saying he is entitiled to it,it belonged to my mums aunt who reared her and left awill leaving to my mum which was about 6 years ago,about amonth ago see became full owner every thing in my mums name ,but she is worried ,is it true once you are full owner there is nothing he can do.Thankyou

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#2 08-06-2010 9:39pm

Farcear

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"full owner" -- ah, if only land law were so straightforward!

In any event, your mother should speak to a solicitor.

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#3 09-06-2010 8:41am

Jo King

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Has your uncle challenged the will?

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#4 09-06-2010 1:53pm

ddoc

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yes about five years ago,he said he had goats on the land which he (never),he never got anywhere with it.

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#5 10-06-2010 10:52am

brehayes

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I cannot see your uncle being entitled to anything, provided that your grand-aunt had not made a promise to him to give him something under her will and he acted on that promise to his detriment. Alternatively, if it can be shown that your mother coerced your grand-aunt into grating her something in her will, then the will may be challenged - but I presume that is not the case. Also, sadly, "fully owner" is not a concept that fits in with land law, there is always something that blurs the matter.

Re your question however, there is no smoke without fire and your uncle must have some reason for thinking that he has an entitlement - perhaps a promise was made after all...

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#6 11-06-2010 4:10am

Victor

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ddoc wrote: »

yes about five years ago,he said he had goats on the land which he (never),he never got anywhere with it.

The mere grazing of animals is insufficient to gain a claim on a property.

Denis Dunne (plaintiff) v Iarnrod Eireann - Irish Rail and Coras Iompair Eireann (defendants) I don't have the citation. http://www.boards.ie/vbulletin/showthread.php?t=2055169446

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