Daughter Of Farmer Pays For Not Seeking Legal Advice Sooner

Daughter Of Farmer Pays For Not Seeking Legal Advice Sooner

There is an advantage of being calm under pressure but when you are about to be evicted from your 100 acre small holding you cannot afford to delay seeking legal advice, as the daughter of a farmer discovered.

The 68-year-old farmer had to deal with several incidents on the farm including the loss of 100 cows because of contaminated soil and lower milk production, he mortgaged the farm to keep it going, however the debt had increased to £670,000 and the lender was given a possession order as the farm was secured on the loan.

The case was heard at various times and the farmer was given extensions for a variety of reasons. At the last minute the daughter claimed that she had an equal interest in the land as she had not only worked on the farm but had invested her own money to keep the business going.

The daughter had believed on the word of her father that she would inherit the land, and she did not enter in to any loan agreement, and she lived at the farm. It was argued that her interests were more important than the lenders. The judge agreed and an extension was given to the eviction although there were conditions made.

The Court of Appeal overturned the judge’s decision, partly because it was wrong in law but mainly because it had taken the daughter took too long to come forward with her claim to the land. Had she acted sooner then the ruling would have stood.

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