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  #11   IP: 90.193.69.211
Old 06-03-2016, 07:21 AM
Richard_S Richard_S is offline
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Default Re: Buying property with issues

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Originally Posted by quattromike View Post
As far as I know there is no tenancy agreement in place, the current owner has been allowing the tenant there for the last I'll say 15years but has not been paying a penny for it. He has approx 4 cattle in the field and I'm considering going ahead with the sale with a reduction of sale price for the sitting tenant and then get on with my plans for the buildings. My next concern is if he is a tenant on the field (for free) what would be my responsibilities with regards to fencing and such? There is a mains water supply to the field and is fenced but fencing is not great and the is an electric fence with power from the buildings but I'm not keen on paying for the electricity for someone not contributing to the cost. An I liable to pay for new fencing to contain the cattle?
It's a minefield, you really need to take professional advice or you could be stuck with him forever
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  #12   IP: 86.132.49.192
Old 06-03-2016, 11:52 AM
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Default Re: Buying property with issues

been going on a very long while now
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  #13   IP: 86.165.39.69
Old 06-03-2016, 12:40 PM
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Default Re: Buying property with issues

This might be impractical or already done, but how about talking to the man with the cattle. See what he says and see if he's amicable? If he is you might find you've no issues and just got a good discount for taking on someone who you can work with?

If he's a problem or difficult then you can spend some money on legal advice and move forward.

Agricultural law is a minefield apparently.
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  #14   IP: 86.139.112.61
Old 06-03-2016, 01:14 PM
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Default Re: Buying property with issues

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This might be impractical or already done, but how about talking to the man with the cattle. See what he says and see if he's amicable? If he is you might find you've no issues and just got a good discount for taking on someone who you can work with?

If he's a problem or difficult then you can spend some money on legal advice and move forward.

Agricultural law is a minefield apparently.
or even radical lateral thinking Rory ........ and not a bad idea ...... if it's not already been tried
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  #15   IP: 81.132.156.121
Old 06-03-2016, 02:06 PM
quattromike quattromike is offline
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Angry Re: Buying property with issues

The guy has already been in touch as he has had stiff letters from the current owners solicitor and he's tried to reason with my soft side, fortunately we know him well and is notoriously difficult. So not keen to give him an inch if don't have to but the long game he's playing is beginning to irritate other plans and really need to move forward or walk away and hope something else comes up. Considering the prospect of making the purchase and leaving him in the field as long as it cost me nothing and get on with things and hope he takes the hint to move off. There is also a right mess where he has old gates and crap left everywhere so a little concerned if I go in and tidy up the place the next time I turn around he'll have more crap, and keeping him away from the building may be another concern ...
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  #16   IP: 81.132.156.121
Old 06-03-2016, 02:15 PM
quattromike quattromike is offline
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Default Re: Buying property with issues

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Originally Posted by Traxcavator. View Post
I find it strange the lack of any sort of understanding about what is actually going on with this land. You can't tell me that the current owner doesn't know the truth. I can assure you if I was involved those cattle would be in the other field by now or down the abattoir, new fence and substantial gates. The owner of the cows is not above the law anymore than they prospective buyer. He will have to prove his case so he will need evidence, hard to see where he will be getting that from unless there is a written agreement or contract. All sounds a little farcical to me.
I agree totally. The problem on my part is the owner is very wealthy and although has agreed to sell the property is not too worried if it sells or not as long as it doesn't take up a whole lot of his time. Although it's a big deal to me it's small beer to him and I think he can't be bothered with the whole thing. I don't want to have to pay my solicitor to sort things out but the way things are going it looks like I can either walk away or face a costly/ lengthy eviction process with someone who has all the rights on there side and no ambition to move and a real thirst for animosity .
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  #17   IP: 109.150.245.77
Old 06-03-2016, 02:24 PM
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Default Re: Buying property with issues

I hope iits a secure field as cattle rustling is on the up
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  #18   IP: 92.30.4.85
Old 06-03-2016, 02:33 PM
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Default Re: Buying property with issues

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Originally Posted by quattromike View Post
I agree totally. The problem on my part is the owner is very wealthy and although has agreed to sell the property is not too worried if it sells or not as long as it doesn't take up a whole lot of his time. Although it's a big deal to me it's small beer to him and I think he can't be bothered with the whole thing. I don't want to have to pay my solicitor to sort things out but the way things are going it looks like I can either walk away or face a costly/ lengthy eviction process with someone who has all the rights on there side and no ambition to move and a real thirst for animosity .
Mike he may have no rights at all. I would think that you should get a solicitor to clarify this point at least.
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  #19   IP: 86.139.112.61
Old 06-03-2016, 03:07 PM
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Default Re: Buying property with issues

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Originally Posted by quattromike View Post
There is also a right mess where he has old gates and crap left everywhere so a little concerned if I go in and tidy up the place the next time I turn around he'll have more crap, and keeping him away from the building may be another concern ...
Well for starters Mike although he doesn't seem to have much in the way of rights, other than the possible historical 'gentleman's agreement' to graze his beasts ..... he'd certainly be well outside any 'rights' by failing to keep the ground in a tidy condition and devoid of crap ..... so a reasonable angle on that one I'd have thought.

As far as "keeping him away from the building" goes .... that'd be a straight forward trespass (which is regrettably only a civil matter, requiring court action ) .... whereas unlawful entry, is a police matter and an arrest-able criminal offence

As Tim and others say ........ you need some sound legal advice & input, from ideally someone who knows what he's talking about and is prepared to fight your corner ..... properly . Not just fill his pockets obfuscating over your position and fudging about.

Question you really have to ask yourself is ...... how much do you want this property and whether you're prepared to play a long game .... always more than one way to skin a cat

Neighbours from hell are hard to live with ....... in both directions .. fight fire with a much bigger fire
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  #20   IP: 95.147.75.103
Old 06-03-2016, 03:27 PM
Cheggars Cheggars is offline
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Default Re: Buying property with issues

Give these Guys a ring, the Know Land Law inside out, In My opinion a solicitor is a waste of time in these matters.( They Get the local solicitors very worried if they Know this lot are working against them)
www.dmpropertyconsultants.com
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