'Cowshed Cinderella' - wins £1.3million from her parents

[kiwi pom]

Does anyone have any suggestions for a decent, experienced solicitor for these kind of cases?
I'm afraid I've been pushed too far, and having spent fifteen years thinking I was paying off my mother's debts on my farm after things were split up between the my siblings, I've had a year now of effectively being kicked off the farm, as things were not put in place as I was told they were.

I know I've been very naive, but all I want to do is farm the farm, and the last two days have not been good. They know which buttons to push, and they're pushing hard.
I think I need to talk calmly, formally, and legally to someone about where to go from here.

Not a nice position to be in I'm sure.
If there's nothing in place to show the farms yours and there's a big effort to split everything, how long do you think you could carry on there?
Would it be better to get what you can out of the place, sell stock etc and just walk away?
Extreme I know but these things seem to take years costs huge amounts of money and cause no end of stress. I'm not sure they're ever sorted properly.

Is it worth it? Would an exit plan be better?

 

[Farmer_Joe]

Does anyone have any suggestions for a decent, experienced solicitor for these kind of cases?
I'm afraid I've been pushed too far, and having spent fifteen years thinking I was paying off my mother's debts on my farm after things were split up between the my siblings, I've had a year now of effectively being kicked off the farm, as things were not put in place as I was told they were.

I know I've been very naive, but all I want to do is farm the farm, and the last two days have not been good. They know which buttons to push, and they're pushing hard.
I think I need to talk calmly, formally, and legally to someone about where to go from here.

i had some issues, i was recommended Tim Russ at Roythornes, for a nominal fee he read though all my info and told me exactly where i stood, it was money well spent

 

[icanshootwell]

It says the compensation was also for 'lost youth' which is hard to put a price on. It's difficult to know the whole picture here so probably best not to pontificate too much. The judge has ruled and that's that. 1.3m should buy a half decent farm in most parts.

The lesson here is probably if you are a young farmer and slaving your guts out while your parents tell you it'll all be yours one day and you don't want to earn too much or you'll have to pay tax etc. etc. is to front up and get something on paper. Very, very tough to do but just come out with it. Say 'I'm putting my whole life into this Dad (or Mum) and I need to know that it will be my whole life'. Get a trust or something set up which can't be reversed. Or ask for a percentage there and then, perhaps with strings that you have to stay with the business or something. It CAN be done if everyone is willing. If they aren't it may be better to wait for them to turn up their toes and hope you get a third whilst earning a living elsewhere. Sad but true for many farming families.

You only get one life, it's not fair of parents to string you along with promises. If they mean it, they will sign something. If not, politely leave.

Keep in mind that the parents will have hopes and fears too so it's important to see their side and try to reassure them that you won't lose the whole thing so they end up on the street at 75. Again, there are legal mechanisms that can protect everyone if set up correctly.

The trouble is where are you going to leave to? been in a similar position myself, and when your in your 20,s without a pot to pee in it can be a very difficult decision.

 

[Derrick Hughes]

you have my sympathy these family things are a pita I know I have the t-shirt, i can only wish you the best of luck

2 cd that ,
All the best

 

[kiwi pom]

The trouble is where are you going to leave to? been in a similar position myself, and when your in your 20,s without a pot to pee in it can be a very difficult decision.

I think that's why we hear of situations like this so often.
Without being rude, staying home on the farm and working for mum and dad is often the easy option. With no qualifications its not a bad life, nice house maybe a vehicle (plus insurance) no worries etc.
I think everyone should work or study away from the farm until they're 30, you could still live at home but pay board and make your own way.
That way parents don't take it for granted that you'll do the work, and at some point a discussion about the future can be had.

 

[Bob the beef]

Employ someone ASAP before family relationships completely disintegrate and you all stop talking. Get their take on the situation and act from there. Been in your shoes and I know it is a s...e place to be

 

[icanshootwell]

I think that's why we hear of situations like this so often.
Without being rude, staying home on the farm and working for mum and dad is often the easy option. With no qualifications its not a bad life, nice house maybe a vehicle (plus insurance) no worries etc.
I think everyone should work or study away from the farm until they're 30, you could still live at home but pay board and make your own way.
That way parents don't take it for granted that you'll do the work, and at some point a discussion about the future can be had.

Totally agree, i did manage to get away to collage for 3 years but the farm was loosing money at the time through some bad business decisions, then couple that with ageing parents and being told the farm would get sold if i buggered off. I think i spoke about this before, the mindset in the older generation and there wiliness to almost hold you to ransom with the one day son all this will be yours load of old bollu#ks. Anyway managed to diversify and turned business around after taking on some big loans that were crippling at the time, my advice to any youngsters is get something in writing and don,t work on empty promises.

 

[chipchap]

Problems usually arise when somebody, or everybody, has unrealistic expectations. There is a lot to be said for everybody getting a fair days pay for a fair days work. It is dangerous to work today for the promise of something in the future.

 

[An Gof]

i had some issues, i was recommended Tim Russ at Roythornes, for a nominal fee he read though all my info and told me exactly where i stood, it was money well spent

Tim Russ is an excellent suggestion ....... he would be one of the people I would first consider for such advice

 

[multi power]

Problems usually arise when somebody, or everybody, has unrealistic expectations. There is a lot to be said for everybody getting a fair days pay for a fair days work. It is dangerous to work today for the promise of something in the future.

Problems arise when people don't stick to their word, no other reason

 

[glasshouse]

Problems arise when people don't stick to their word, no other reason

Or they cant remember

 

[Farmer_Joe]

Or they cant remember

ha ha I’ve had that several times I often think my memory must be impeccable, I never forget!

get it in writing no matter how Harsh it may seem otherwise it pointless, and at least if the do have a ‘memory lapse’ You can remind them with said document

 

[glasshouse]

ha ha I’ve had that several times I often think my memory must be impeccable, I never forget!

get it in writing no matter how Harsh it may seem otherwise it pointless, and at least if the do have a ‘memory lapse’ You can remind them with said document

Its too late once they have forgotten

 

[glasshouse]

France stops paying subs at 65 dont they?

 

[davieh3350]

Walking away is not as painful as you think.
freedom and not dwelling on things is underrated.
there’s a load of other nice places to go to, and different things to do!

 

[le bon paysan]

France stops paying subs at 65 dont they?

Some stop at 65. Others at 67. But you cant claim subs and your pension.
As they up the retirement age, it will have to be reviewed.

 

[DrWazzock]

Walking away is not as painful as you think.
freedom and not dwelling on things is underrated.
there’s a load of other nice places to go to, and different things to do!

Very true. And you only live once.
Working to pay for the farm for half our lives (myself and brother) was one thing. We were working towards a goal.
Working the second half of our lives just to hold on to it isn’t actually all that exciting. It’s just more of the same but without the goal.
Need a new challenge every decade or so, otherwise it gets stale.

 

[pgk]

Totally agree, i did manage to get away to collage for 3 years but the farm was loosing money at the time through some bad business decisions, then couple that with ageing parents and being told the farm would get sold if i buggered off. I think i spoke about this before, the mindset in the older generation and there wiliness to almost hold you to ransom with the one day son all this will be yours load of old bollu#ks. Anyway managed to diversify and turned business around after taking on some big loans that were crippling at the time, my advice to any youngsters is get something in writing and don,t work on empty promises.

Whilst evidence in writing is good the word of a person can hold the same weight. If you have taken on loans and can show these were used to put the farm on a good financial footing this will be reflected in loan agreements and the farm accounts which are all good evidence. Did for example you put a business plan to the bank to secure the loan. Were you the person making the decisions, dealing with agents professionals etc, all good evidence to support your understanding that this was on the basis of a binding agreement with your parents.

 

[glasshouse]

Some stop at 65. Others at 67. But you cant claim subs and your pension.
As they up the retirement age, it will have to be reviewed.

Thats badly needed here

 

[le bon paysan]

Does anyone have any suggestions for a decent, experienced solicitor for these kind of cases?
I'm afraid I've been pushed too far, and having spent fifteen years thinking I was paying off my mother's debts on my farm after things were split up between the my siblings, I've had a year now of effectively being kicked off the farm, as things were not put in place as I was told they were.

I know I've been very naive, but all I want to do is farm the farm, and the last two days have not been good. They know which buttons to push, and they're pushing hard.
I think I need to talk calmly, formally, and legally to someone about where to go from here.

You need to look up PROPRIETARY ESTOPPEL, and see if this applies to you. It sounds as if it does.

What is proprietary estoppel? definition and meaning

Definition of proprietary estoppel: Legal bar preventing a (first) party from denying another (second) party's right in first party's property where the second party has incurred costs in that property to its detriment.

www.businessdictionary.com

This barrister represented Ms Davies

Adam Boyle | Proprietary Estoppel - St John's Chambers

Get in touch with barrister Adam Boyle for Proprietary Estoppel legal advice. Contact St John's Chambers today for a service you can trust.

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