land up for auction

muckyme2

Hi there...i am leaseing 15 acres of land for the last two years and have four more years remaining on on my lease..with the owner...i've paid €1500 up front for each year in advance..that's €9000 in total...i went to look at my sheep today and there's" for auction "sign up on the gate of the land...i rang the auctioneer...he explained that a reciever was selling it...that the guy i have the lease with and paid...has gone bankrupt......AND TO MOVE MY SHEEP within 7 days...my question is..is this normal behaviour or should i have not being informed...i doubt i have any legal leg to stand on as regards getting my money back or inforceing the full term of the lease

Marcusm

Go speak to a solicitor and get advice. If the land has been repossessed, your "lease" might be respected if it predated the relevant mortgage charge or if consented to by the chargee (the bank). One way or another, a solicitor should advise you. Was the lease drawn up by a solicitor and was this point considered by him/her at that point would all be relevant questions, especially if you were paying the rent in advance.

kflynn

The auctioneer can't order you to remove anything.

The receiver should have made contact with you in writing when the land went into receivership, but they may not have known you exist!

Find out who the receiver is and contact them. They're paying the auctioneer who should have local knowledge and should also know better than to tell you to remove sheep just like that. I would let them know how the auctioneer handled this - it was flippant to say the least!

Most receivers won't be back until Jan 2nd, so don't do anything until then.

ScouseMouse

kflynn wrote: »

The auctioneer can't order you to remove anything.

The receiver should have made contact with you in writing when the land went into receivership, but they may not have known you exist!

Find out who the receiver is and contact them. They're paying the auctioneer who should have local knowledge and should also know better than to tell you to remove sheep just like that. I would let them know how the auctioneer handled this - it was flippant to say the least!

Most receivers won't be back until Jan 2nd, so don't do anything until then.

The receiver may even be delighted to hear you exist. In some cases, farmland or property which has a paying tenant, is worth more than a vacant property as its coming with an income.

muckyme2

Thank you for the replys..but my dilema is ive paid alot of money in advance....i just found out that guy i have it leased from didnt get permission to lease it from the bank he had the money borrowed from...even though my leases pre dates his bankruptcy....

Pro Hoc Vice

muckyme2 wrote: »

Thank you for the replys..but my dilema is ive paid alot of money in advance....i just found out that guy i have it leased from didnt get permission to lease it from the bank he had the money borrowed from...even though my leases pre dates his bankruptcy....

You need legal advice, what people think the law is and what it actually is can be different. There is so many variables in this are you are best advised to seek good legal advice.

Bepolite

Never pay in advance if you can help it. That probably goes without saying at this point.

kflynn

muckyme2 wrote: »

Thank you for the replys..but my dilema is ive paid alot of money in advance....i just found out that guy i have it leased from didnt get permission to lease it from the bank he had the money borrowed from...even though my leases pre dates his bankruptcy....

Don't give in so easy! Go to Flac or a solicitor that has experience with insolvency.

That auctioneer is completely out of line.