Splitting a buisness with an issue with a tenancy farm

Discussion in 'Tenant Farming, Subsidies, BPS & Legal Issues' started by ElisA7, Jan 11, 2019.

  1. ElisA7

    ElisA7 New Member

    Hello, my brother and i have got a farming buisness in south Wales, and were currently splitting, but weve got an issue with a tenancy farm, wich was in his name, but was ran as part of the buisness(buissnes payed rent, electric, water and everything)
    that was the first farm my father had, the home farm. Both of us have been working there since forever
    Then i moved to a adjoining farm when i married(wich we owned)
    While my brother took over the tenancy after loosing our parents.
    The landlord has put the tennant farm on sale, and my brother intends to move out to OUR other farm we have for compensation(3 figure sum)
    Wich he has kept to himself, because his name was on the tennancy, although the buissnes payed all the rent and bills!!!!!
    I had hoped the compensation would have gone to the buissnes, but my brother has kept the money and said it is his and not the buissnes money....
    thougts? Any one else had similar problem before?
     
  2. chipchap

    chipchap Member

    Location:
    South Shropshire
    Whose name is on the deeds for the owned farm? If it in joint names with you and your brother it would seem on the face of it fair for any compensation to go into the farm pot. However it all depends on what has been agreed in the past and what expectations have been formed from what your parents said when they were alive, and in their wills. You would be wise to clarify the position legally with a solicitor before stirring things up too much.
    You may be well advised to ask a trusted professional to mediate from the outset.
    It is far better to be happy with what you have, rather than being unhappy because of what somebody else has.
    I would advise excluding spouses and extended family from any formal discussions.
     
    Nearly likes this.
  3. homefarm

    homefarm Member

    Location:
    N.West
    I think both these sentences are really good advise.

    We had a family dispute over a will, lots of legal fees on both sides, no real evidence either way which would help make a decision.

    In the end we just had to agree between ourselves.

    We decided to be happy with what we had but we could have done that without spending £££'s. We could have carried spending even more £££'s and being unhappy because of what we considered unjust.

    Very glad we moved on now.
    .
     
    chipchap likes this.
  4. Exfarmer

    Exfarmer Member

    Location:
    Bury St Edmunds
    Families are the worst to deal with and it is easy to end in an insufferable situation.
    It seems reading this you had 3 farms, 2 owned, 1 tenanted which were all farmed as one.
    So you are sitting in one owned farm, he will be in the other. How are they owned 50/50? Or do you own one each, if so how are the relative values?
    You obviously have a house which is hopefully in a good state of repair, is the other house similar or does it need a complete makeover?
    He may have a partner insisting that the comp is spent on the new house. I believe he would not have been able to move without partners agreement, but I may be wrong
    I would be careful but words with a good solicitor may be a wise investment, itshould give you your true legal position, but if you go after him and the money through the courts, there is a good chance not acpenny will be left. I know one man who lost all through greed in a case similar.
     
    chipchap likes this.
  5. Whatever you do sort by negotiation a lot cheaper and you have to live the rest of your life with the consequences

    If you can find a mutually respected and trusted relative or family friend to mediate it will help smooth the process
     
  6. midlandslad

    midlandslad Member

    Location:
    Midlands
    Sit round a table and sort it out like grown ups.

    Solicitors have a role but only to formalise what the parties have agreed, otherwise it can be a very costly exercise!
     
  7. Exfarmer

    Exfarmer Member

    Location:
    Bury St Edmunds
    If you get a deal which is acceptable, get it written down and signatureson it. For certain if it goes back to nearest and dearest it will fail!!!
     
    Flat 10 likes this.

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