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Original poster

Father died intestate, 5 children inherit house, 4 want to sell, 1 doesn't?

89 replies

BuzzLiteYear · 18/02/2020 16:07

What happens in this situation?
I've can the 4 overrule the 1?
The 1 has legitimate reasons for not wanting to sell as the property is on his farm and he wouldn't want strangers moving in.
What does the law say?

OP posts:

BluntAndToThePoint80 · 18/02/2020 19:07

A sale can be forced.

Seeingadistance · 18/02/2020 19:09

You need advice from a solicitor who specialises in agricultural legal matters.

steppemum · 18/02/2020 19:46

You do need to seek professional advice. Things I would want to clarify:

the deeds of the house, are they separate from the farm, or included in the farm.
deeds to the farm. Does the brother who owns the farm now own it outright? Or were they running it for the dad without any paperwork in place?
Are there any other assets, so there could be an asset exchange to offset the cost of the house?

It will depend on everyone's agreement to sort it out, if not, the cost of the hosue will be quickly swallowed by legal fees.

Interested in this thread?

Then you might like threads about this subject:

Family law

AlexaAmbidextra · 18/02/2020 19:47

If it is an active farmyard, realistically very few people would buy it I would think, even with a separate access. It would be very difficult to live on top of someone else's farm.

I disagree with this having done it. I lived slap bang in the middle of an arable farm and it was wonderful. I’d have bought the house in a heartbeat if the farmer had been willing to sell. Yes, you get the odd tractor rumbling by and can hear the crops being dried at times. The worst disruption is at harvest time when the combine is working late into the night but only when the crops directly around the house are being harvested. The biggest problem at this time is dust but you just keep your windows closed until it’s done. Other than this, the silence and the views are just sheer bliss.

Gwenhwyfar · 18/02/2020 19:52

"I disagree with this having done it. I lived slap bang in the middle of an arable farm and it was wonderful. "

Sounds like you live in the fields and not on the actual farmyard though. I can't imagine living in a farmhouse with the farmer going past 50 times a day to get to his outbuildings.

Seeingadistance · 19/02/2020 01:52

^. Yep, I grew up on a farm and the farmhouse was physically attached to the cattle sheds. Dairy farms usually have a shared back door with house and parlour or byre, and many farmhouses don’t have a separate access or garden.

vhs95 · 19/02/2020 07:40

I don't know, what DOES the law say? Why ask on here when you obviously need proper legal advice? Good luck with it all.

Mehooha · 19/02/2020 08:28

My family's story is a bit like another story.

Oldest son got the farm (he had to stay at home to work the farm to get the younger siblings through school as his father was unwell).

Youngest son (3 girls inbetween) assumed the house was his.

Found out it wasn't after my grandmother's death and also hadn't realised that the whole thing had been signed over to Son 1.

Hasn't spoken to any of the family since - about 5 years.

ChicCroissant · 19/02/2020 08:35

If it does have an agricultural tie as I suggested, it will be worth less than market rate and have a much smaller range of possible buyers as well. I'm wondering if the OP hadn't taken that into account.

TriangleBingoBongo · 19/02/2020 08:48

I'm pretty sure some of the legal assertions on this thread are incorrect.

I agree. Also a solicitor and the legal advice on MN is amusing at best. I haven’t read anything sensible on this thread. OP get a solicitor. A probate solicitor.

Molecule · 19/02/2020 08:59

The farmhouse probably doesn’t have an agricultural tie, most pre-date such things, but the brother’s house, built on the farm will almost certainly have one, and they are not easy to get lifted. Therefore the suggestion he sells his house is pretty much a non-starter.

I live in a farmhouse which could easily be split from the farmyard , and I imagine many people would like to buy it. Lots of people want to live in the countryside. I have no idea about the legal side of things so cannot comment on those.

HeronLanyon · 19/02/2020 09:04

There specialist agricultural estate probate/inheritance solicitors.
One thought flirted through my mind - if a sale can be ordered over the wishes of the 1 sibling I’d be worried about what he’d be up to next door in storage/ working areas on any viewing days !

LadyEloise · 09/05/2020 08:35

Did you get sorted BuzzLiteYear ?

noriim · 10/05/2020 22:47

Can't 1 get a sodding mortgage like the rest of us?
He can then rent it out to whoever he wants, or turn it into an Airbnb etc. Or turn it into a hen-house, it will be solely his to do what he wants.

I would suggest through a solicitor that if he doesn't buy you out at market value then you will rent it out until he does.

I'm guessing he inherited the farm and now wants the farmhouse for nought too. CF.

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