Sibling looking for a site

WexTK

Hey all,

supposing you're a young farmer after availing of stamp duty exemption and agreeing to retain ownership of farmland for 5 years thereafter as a result.

Supposing within that 5 years, a brother or sister comes and asks you for a site to build a house.... are you forbidden to do so due to the undertaking you've given to retain ownership of the lands for 5 years?

Fair is fair, and a father passing farm over to son/daughter would often ask him/her to be receptive if a brother or sister came looking to build a house nearby.

No one can predict the future or how a sibling might think a couple of years down the line..... just wondering what could be done if they came looking for a site within the 5 year period?

Roundbale

WexTK wrote: »

Hey all,

supposing you're a young farmer after availing of stamp duty exemption and agreeing to retain ownership of farmland for 5 years thereafter as a result.

Supposing within that 5 years, a brother or sister comes and asks you for a site to build a house.... are you forbidden to do so due to the undertaking you've given to retain ownership of the lands for 5 years?

Fair is fair, and a father passing farm over to son/daughter would often ask him/her to be receptive if a brother or sister came looking to build a house nearby.

No one can predict the future or how a sibling might think a couple of years down the line..... just wondering what could be done if they came looking for a site within the 5 year period?

Don't know legally, but I'd imagine that would be the case, and you may incur a stamp duty penalty. Check with your solicitor.

I have 3 brothers and the verbal agreement was that they'd get a site if they wanted. I would condition this with they would have to build with the intention of living there. Brother wanted sites for 2 houses to sell on there a few years ago and was told to sling his hook.

tanko

I don't know about the stamp duty issue but I'd be very wary of "verbal agreements". I know of a couple of cases where families are at loggerheads over issues with sites. The problems usually start when the other half of the brother/sister arrives on the scene. I've seen 1/2 acre sites turn into 2 acre plots over time.

moy83

tanko wrote: »

I don't know about the stamp duty issue but I'd be very wary of "verbal agreements". I know of a couple of cases where families are at loggerheads over issues with sites. The problems usually start whe the other half of the brother/sister arrives on the scene. I've seen 1/2 acre sites turn into 2 acre plots over time.

Oh how right you are :mad:

Nekarsulm

And a site of YOUR choosing, not theirs!

The Letheram

Nekarsulm wrote: »

And a site of YOUR choosing, not theirs!

I agree within reason. Lets be honest though (I know we all worked for it) we all got the lions share, or expect to of the cake. A good solicitor and mark it off correctly straight away and there should be no problem.

Nekarsulm

The Letheram wrote: »

I agree within reason. Lets be honest though (I know we all worked for it) we all got the lions share, or expect to of the cake. A good solicitor and mark it off correctly straight away and there should be no problem.

How often have you saw a site plonked in the middle of a nice rectangular field, and wondered "what in the name of **** possessed him to build there.......:D

The Letheram

Ya that is true.

frazzledhome

Is land that important that ye can't allow your sibling pick a site of their own choosing

joejobrien

4 words. GET A GOOD SOLICITOR

moy83

frazzledhome wrote: »

Is land that important that ye can't allow your sibling pick a site of their own choosing

I wouldn't mind where a sibling builds . But I've seen ridiculous demands and expectations from people that werent left the farm .

freedominacup

One sister got a site from me and the other will get one if she moves back to the area and wants one. Far easier than a couple of guys I know that had to pay out 100k each to 4/5 siblings.

Greengrass1

freedominacup wrote: »

One sister got a site from me and the other will get one if she moves back to the area and wants one. Far easier than a couple of guys I know that had to pay out 100k each to 4/5 siblings.

And your children know there cousins. Great to have family around. I live near none if my cousins and see them very rarely.
Sisters here know that a site is there if they want it. But one would only live in country. Other sister loves Dublin and other sister will never be able to live on her own unfortunately

veetwin

joejobrien wrote: »

4 words. GET A GOOD SOLICITOR

Yes. Engage a solicitor at the earliest possible opportunity. Every thing goes great when solicitors are involved in family matters:rolleyes:

Nekarsulm

frazzledhome wrote: »

Is land that important that ye can't allow your sibling pick a site of their own choosing

Well when someone wants to build in the middle of the only perfectly rectangular field on the place, chop an acre out of a 5 acre field, when there are lots of irregular shaped roadside spots to choose from, and welcome to them!

Injuryprone

I'm not 100% sure but I think there may be CGT implications to such a transfer. Young farmer gets land with book value say 10k per acre, transfers site with say book value 20k per 5/8acre giving a profit on paper.

Maybe our resident accountant can confirm?

exercise is the antidote

I have several brothers and sisters and only Im interested in farming..if they all what sites they will be noting left to farm

All joking aside tho I have one sister who asked for 2 sites! 1 to sell so she can build on the other :O.. It's up to my dad really he will do what he feels best..I won't and don't get involved! and most certainly won't fall out with any of them!

Dont be daft

exercise is the antidote wrote: »

I have several brothers and sisters and only Im interested in farming..if they all what sites they will be noting left to farm

All joking aside tho I have one sister who asked for 2 sites! 1 to sell so she can build on the other :O.. It's up to my dad really he will do what he feels best..I won't and don't get involved! and most certainly won't fall out with any of them!

Have your say anyway, it might be your Dad's decision but you'll live with the consequences.

I've seen it a lot in my own work where families haven't discussed things amongst themselves at the time and years down the line they end up at loggerheads with each other. All because it was just easier to say nothing at the time.

How can your Dad ever hope to make the right decision if he doesn't know your position?

moy83

Dont be daft wrote: »

Have your say anyway, it might be your Dad's decision but you'll live with the consequences.

I've seen it a lot in my own work where families haven't discussed things amongst themselves at the time and years down the line they end up at loggerheads with each other. All because it was just easier to say nothing at the time.

How can your Dad ever hope to make the right decision if he doesn't know your position?

You're dead right about having your say . I see my own father was too quiet and easy going when a bit of crap came up . I spoke up for him and he was happy I did when it was all over .

mf240

Tell them your overstocked and to go buy a site somewhere else.

exercise is the antidote

Dont be daft wrote: »

Have your say anyway, it might be your Dad's decision but you'll live with the consequences.

I've seen it a lot in my own work where families haven't discussed things amongst themselves at the time and years down the line they end up at loggerheads with each other. All because it was just easier to say nothing at the time.

How can your Dad ever hope to make the right decision if he doesn't know your position?

Ye you are dead right!!
he knows my position alright! I have stocked the farm out of my own pocket and continue to add bits and bobs! I know that doesn't give me the right to anything, but he knows I'm interested in keeping it going!... I hope
Ah no he has mentioned it to me before that he wants me to farm it! So hopefully be no problems there!

Muckit

For God sake just show them to the bathroom!!

Muckit

Oops. Sorry sorry. Read the tread title wrong!

Markcheese

Friends family have marked out sites for each of four kids... They may never use any of them but they're there for them,all bar one live away...

newholland mad

frazzledhome wrote: »

Is land that important that ye can't allow your sibling pick a site of their own choosing

its all fine until for whatever reason the house ends up for sale in 10 yrs and some contrary sod ends up slap bang in the middle of the farm - smells noise etc etc, rather than in somewhere of your own picking.

Charliebull

I have told both my sisters that there is a site there if they ever want it, look family is family at the end of the day,

OP i dont think there is a problem giving a site to a sibling, how long are you into the 5 year plan, by the time they get planning and start to build the 5 years might have elapsed, they dont have, to have the site in their name for planning, they will only require it to be transferred before mortgage application which will buy you some time