I was promised the farm, but it was left to someone else

When a person has committed years of their life to caring for property in reliance on assurances given to them, it feels deeply unjust to be left without security, writes rural solicitor Karen Walsh

Image credit: Irish Examiner

Dear Karen,

My aunt passed away some months ago. She owned a small holding outside town. I lived with her for nearly 10 years after finishing school, and during that time, I helped her maintain the land, repaired buildings, paid for materials, and took on most of the physical work because she was no longer able for it. She often told me that the place would be mine someday and asked me to stay on to keep it going.

When her Will was read, I discovered she had left the property to a distant cousin who visited occasionally but was not involved in the running of the land. He has now told me that he intends to sell the property and wants me to vacate within the next few months. I am devastated and unsure whether I have any rights. Can you advise?

In situations involving land, one option that may arise is a claim based on Proprietary Estoppel. This is an equitable remedy used where a person relied on a clear assurance relating to property and acted in a way that caused them to suffer a detriment. It is centred on fairness. 

If someone was encouraged to believe they would one day receive an interest in land and altered their life on the strength of that belief, the court may intervene where it would be unjust to allow the true legal owner to go back on that assurance.

To establish such a claim, it is usually necessary to show that:

  • There was a clear assurance or representation made to you about your future interest
  • You relied on that assurance and
  • You suffered detriment because of that reliance — for example, devoting your time, money and labour to maintaining the property, staying in a particular location, or giving up other opportunities.

If the court accepts that all elements are present, it has wide discretion in deciding how best to achieve a fair outcome. This could involve granting a right of residence, ordering a transfer, or awarding compensation.

The court will look carefully at the overall circumstances to decide what is just. Claims of this nature must, however, be taken promptly — generally within two years of death — so it is important to obtain advice as soon as you can.

Another potential avenue (which is not open to you) is an application under Section 117 of the Succession Act 1965. This allows certain children of a deceased person to apply to the court where they believe they were not properly provided for. 

The focus of this remedy is on the moral duty of a parent towards their child, assessed from the standpoint of a prudent parent. This application must be brought within six months of the Grant of Probate, which is a strict deadline.

Both remedies are fact-sensitive and depend heavily on the history, the assurances given, and the evidence available. A consultation with a solicitor experienced in this area will help you understand the strengths of any potential claim and ensure that all time limits are met. Early advice is key in situations like yours.

https://www.irishexaminer.com/farming/arid-41767055.html

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