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Trouble with relative after land transfer

  • 24-04-2020 08:21AM
    #1
    Registered Users, Registered Users 2 Posts: 848 ✭✭✭


    Hi guys , just a quick question, in 2013 the uncle rang me and asked me would I take over the farm , I’d be delighted to I said, so everything went well , now he is an awkward 73 yers old man now always was, didn’t talk to most neighbours like that , anyway the place was rented out for 10 years before I got it , no sheds land poor , I’ve burst my ass buying cattle , doing up the land building sheds etc , we have been getting on great but during the years he is always burning his rubbish , I have got a warning letter from the council , the house is beside the busy road , now I have offered to remove the rubbish every week , but it’s a case of no one is going to stop me burning , well a few months a go I had it out with him that I was sick of the burning that I was stressed enough , besides this ( I have a underlying health problem) and he is after throwing the toys out of the pram, hasn’t talked to me since or looked at me still burning away , all recycling at back of shed and waist goes into stove every morning , he told my sister that he is going to spend every penny he has to get the farm back off me , even a cousin who hasn’t called in six years ( who doesn’t like me cause I got the farm ) started calling since he heard we fell out , now I had a quick work with my solictor and he said don’t worrie , but is there any one who went trough something simila. Any advice?

    Mod
    Suggest you take advice from your own solicitor who knows the facts and those involved.
    Leaving open for general discussion subject to forum rules

    ,
    f


Comments

  • Registered Users, Registered Users 2 Posts: 848 ✭✭✭dohc turbo2


    Hi guys , just a quick question, in 2013 the uncle rang me and asked me would I take over the farm , I’d be delighted to I said, so everything went well , now he is an awkward 73 yers old man now always was, didn’t talk to most neighbours like that , anyway the place was rented out for 10 years before I got it , no sheds land poor , I’ve burst my ass buying cattle , doing up the land building sheds etc , we have been getting on great but during the years he is always burning his rubbish , I have got a warning letter from the council , the house is beside the busy road , now I have offered to remove the rubbish every week , but it’s a case of no one is going to stop me burning , well a few months a go I had it out with him that I was sick of the burning that I was stressed enough , besides this ( I have a underlying health problem) and he is after throwing the toys out of the pram, hasn’t talked to me since or looked at me still burning away , all recycling at back of shed and waist goes into stove every morning , he told my sister that he is going to spend every penny he has to get the farm back off me , even a cousin who hasn’t called in six years ( who doesn’t like me cause I got the farm ) started calling since he heard we fell out , now I had a quick work with my solictor and he said don’t worrie , but is there any one who went trough something simila. Any advice?

    Mod
    Suggest you take advice from your own solicitor who knows the facts and those involved.
    Leaving open for general discussion subject to forum rules

    ,
    f

    If u want to remove tread do so , no offence will be taken thanks


  • Registered Users, Registered Users 2 Posts: 37,310 ✭✭✭✭the_syco


    in 2013 the uncle rang me and asked me would I take over the farm
    Is the farm in your name?
    during the years he is always burning his rubbish , I have got a warning letter from the council , the house is beside the busy road
    Is your uncle living in the house with you? Whose name is down on the owner of the house?

    =-=

    Just going to ask about the burning issue (such a bad pun :pac:). If the land is in your name, but the house isn't, perhaps let the CC know that you're not the one burning the rubbish?


  • Registered Users, Registered Users 2 Posts: 848 ✭✭✭dohc turbo2


    the_syco wrote: »
    Is the farm in your name?


    Is your uncle living in the house with you? Whose name is down on the owner of the house?

    =-=

    Just going to ask about the burning issue (such a bad pun :pac:). If the land is in your name, but the house isn't, perhaps let the CC know that you're not the one burning the rubbish?

    The land and house is in my name , he has right of residency , I live away in my own house with my wife and kids


  • Registered Users, Registered Users 2, Paid Member Posts: 19,329 ✭✭✭✭elperello


    Would you consider just setting up an account with a waste contractor and getting the usual bins ?

    That would show the CC that you are dealing with the issue.

    Could be that he will relent and start using them.

    Even if he doesn't the heat will be off you.


  • Registered Users, Registered Users 2 Posts: 75,476 ✭✭✭✭L1011


    Stubborn old men are basically impossible to get through to.

    You would need to get whatever waste he is burning off-site immediately rather than leave it there for any time to be burned.


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  • Registered Users, Registered Users 2 Posts: 5,196 ✭✭✭Mech1


    collect and dispose of the rubbish as often as possible, leave him with the scrap metal cans only. ( all of them, even bring your own )


  • Registered Users, Registered Users 2, Paid Member Posts: 19,329 ✭✭✭✭elperello


    The trouble with taking the rubbish is that it may lead to even more conflict.

    You would have to be deliberately defying him on an ongoing basis.

    Softly, softly.


  • Registered Users, Registered Users 2 Posts: 848 ✭✭✭dohc turbo2


    I have offered to take the rubbish , he is stubborn , the attitude is I’ve been burning all my life no one is going to stop me ,


  • Registered Users, Registered Users 2 Posts: 5,196 ✭✭✭Mech1


    can you dig a fire pit, somewhere away from the road and land all his rubbish there every day?


  • Registered Users, Registered Users 2, Paid Member Posts: 19,329 ✭✭✭✭elperello


    I get the picture.

    You really don't need the hassle of being in conflict with him or the CC.
    Once you have provided the bins the CC will see that you have done your bit.
    If the litter warden wants to pursue the uncle over the burning it will be between him and the CC.

    Go for the path of least resistance.


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  • Registered Users, Registered Users 2 Posts: 848 ✭✭✭dohc turbo2


    Mech1 wrote: »
    can you dig a fire pit, somewhere away from the road and land all his rubbish there every day?
    He is doing it while I’m away , trying to get confrontation , I’m avoiding that , while ago he broke pad lock locking yard gate to get his vintage tractor out , he has a key so do I and my dad , just trying to get me going , I’m not going to rise to to it


  • Registered Users, Registered Users 2 Posts: 37,310 ✭✭✭✭the_syco


    The land and house is in my name , he has right of residency
    Check with your solicitor, but I'd think showing them proof that he's not your tenant even though you own the house, that you're not responsible for the fines?
    Mech1 wrote: »
    can you dig a fire pit, somewhere away from the road and land all his rubbish there every day?
    Seems the fines would be for burning household waste, and not it being near the road.


  • Registered Users, Registered Users 2 Posts: 78,904 ✭✭✭✭Victor


    Mech1 wrote: »
    can you dig a fire pit, somewhere away from the road and land all his rubbish there every day?
    As I understand it, burning waste without a licence is illegal. It is also a health hazard, contributing to everything from asthma to cancer. Air pollution kills more than 1,000 people in Ireland every year. In the context of COVID-19, it is even more of a problem, with deaths higher in polluted areas.
    Mech1 wrote: »
    collect and dispose of the rubbish as often as possible, leave him with the scrap metal cans only. ( all of them, even bring your own )
    OP is responsible for disposing of their own waste. Giving it to someone who isn't an authorised waste collector is inappropriate.


  • Registered Users, Registered Users 2 Posts: 14,371 ✭✭✭✭jimmycrackcorm


    You need to be able to prove that you made attempts to disuade him from burning waste in case the council try to persecute you over the land.
    Let them chase him.


  • Registered Users, Registered Users 2 Posts: 7,090 ✭✭✭Claw Hammer


    You need to be able to prove that you made attempts to disuade him from burning waste in case the council try to persecute you over the land.
    Let them chase him.

    What good is that going to do? It is the o/ps land. It is his responsibility to stop the uncle.


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