12th December 2019

Farmers Weekly Business Clinic: Will extension row affect farmer’s future interests?

A farmer has built an extension to the family farmhouse. While to all intents and purposes it is a separate house, planning restrictions mean it is classed as an extension.

A farmer has built an extension to the family farmhouse. While to all intents and purposes it is a separate house, planning restrictions mean it is classed as an extension.

At the time it was agreed with the farmer’s grandmother that the house would be split up on her death to secure his assets, with ownership of the farm and main house passing to his father.

However, the farmer’s parents believe their son is hounding them into signing over the extension that he built and paid for. Meanwhile, the farmer is concerned that the whole estate could be used for care costs for family members in the future.

In this month’s Business Clinic Russell Reeves, agricultural litigation partner at Thrings, explains how robust legal documentation, common intention constructive trusts and proprietary estoppel could all play a part in helping to settle – or avoid - this farming family’s legal dispute.

Click here to read the full article in Farmers Weekly.


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