land split 3 ways

[julie1958]

Hi
Can anyone give me any advice, I will try and explain the situation.
About 10 years ago my father gave me and my sister a cheque for £7000 for a parcel of land behind his house as a gift. My other sister received the land.
At the time I wasnt happy about it, as I thought the land was worth more, they (my sister and father) told us they had had it valued and all was above board, it was classed as agricultural land, and worth no more.
Now I have found out that my sister has had the council out and it is a brown field site ripe for building on.
Me and my other sister feel we have been conned and that it wasnt done fairly, can anything be done or do we just have to accept it.
Thanks

[Openlaw15]

Re: land split 3 ways

Can you please rephrase your sentence as it's sounds confusing. Did your father own land and gifted it to three people, ie split three ways? £7000 is not a gift. Please keep your sentence to one point as it will be easier to interpret.

[Kati]

Re: land split 3 ways

Can you please rephrase your sentence as it's sounds confusing. Did your father own land and gifted it to three people, ie split three ways? £7000 is not a gift. Please keep your sentence to one point as it will be easier to interpret.

From what I understand ... the OP and her sister were both given £7000 and the third sibling got the land behind the house. The land was valued (?) and the OP was assured that £7000 was her fair share.

Now it looks like the land is going to be sold as a building plot, meaning the third sibling gets a bigger 'share' of the money due to the land being more valuable ( [MENTION=77932]julie1958[/MENTION] can you clarify this please??)

[des8]

Re: land split 3 ways

Hi and welcome
IMO there is little you can do. You have not been wronged, nor deprived of what is yours.
Your father made gifts to you and your sisters.
He apparently attempted to be even handed, although of course that was not necessary to make the gifts valid,
It now appears that one gift has increased in value more than the others and you feel aggrieved.
What would you have felt if it turned out the land was heavily contaminated, and clean up operations would cost a fortune?
What if you had invested your gift and were fortunate to have been very lucky? Would that make you feel better?
Just be grateful that your father thought well enough of you to make such a gift.

[julie1958]

Re: land split 3 ways

Yes that sounds right, my point in the matter is how can a piece of land that apparently was worthless (my dads words) become brown field. I have started to think was the land ever valued in the first place, as I just took their word for it.

[des8]

Re: land split 3 ways

So you were given £7000 and your sibling given the land.
End of.
You have no claim against your sister just because she was given something which you weren't.

[enaid]

Re: land split 3 ways

Maybe a clue here http://www.telegraph.co.uk/news/eart...eld-sites.html but not to say you were ripped off in anyway way, the price you got may well have been all the land was worth 10 yrs ago but not now becuase of different rules

[julie1958]

Re: land split 3 ways

Thats fair enough, I was only asking..........But when I received that cheque 10 years ago at Christmas, and my father wouldnt reveal what it was actually for, and you dont know my sister, I know me and my other sister were ripped off. I just wanted to know how I stood legally, and des8 you have answered me quite clearly.
If I had known, at that time, what it was for I wouldnt have accepted the cheque.

[Openlaw15]

Re: land split 3 ways

There;s not a whole lot you can do with gifts.. if it was by his Will or Trust the situation may have been different...there may have been something you could do (ie challenge the will. How old are you and your sisters? As the gift was made in his life, it's up to him what he chooses to gift his children. Why didn't you say something to your father at the time, why did you and sister get £7000 each and your other sister got the land.

Alternatively, Were you told by your father you have this plot of land and it's up to you what you do with it. Were you gifted the land with your sister (sister 2) with the condition that you must sell it back to me (father) for £7,000?

There could be two issues here - one a gift of land, then 2 misrepresenting the land's worth to benefit your 3rd sister.

[julie1958]

Re: land split 3 ways

The reason me and my sister got the money was because my elder sister wanted the land. I can see from your reply that there is nothing I can do, as you say, it was my father that did all the transactions with my elder sister. The reason I didnt challenge him, was because as far as I was aware it was a xmas gift, I wasnt told until later what it was all about. My sister wanted the land, (she lives next door to him) apparently it was valued and my father thought if he paid me and my other sister off, it was all fair, I thought after the event that it was undervalued, but what can you do. I know we have been ripped off, it was done so underhand, but legally correct.
I thank you for your reply openlaw 15, I understand that nothing can be done, verbal promises were made to my father that have since been broken by my sister, but she made sure they were verbal. Obviously a bit wiser than me and my younger sister, c'est la vie

[Openlaw15]

Re: land split 3 ways

tell me more about the verbal promise

[julie1958]

Re: land split 3 ways

There were two, one was when my mother was alive they gave them the land next door to build their house on, on the basis that our parents house when sold would be split between me and my younger sister because she had had her share, this she agreed to, then my mother died leaving everything to my father.
My elder sister then took control of all my fathers finances, as my mother had dealt with everything.
She even took him to make his will, that included his house to be split 3 ways, not 2 as agreed verbally with my mother.
The land at the back of the house was meant also to be split 3 ways, but ended up as explained, to my older sister, and me and my younger sister being paid.
My father asked if they would leave the land as is, whilst he is alive, and this they promised. But trees have been chopped down and cleared, and now they are obviously putting in for planning. By the way, my father is still alive, but is in bad health and wont even talk about it.

[Openlaw15]

Re: land split 3 ways

Julie, please try to write using full details, ie instead them - use sister, mother, father etc.

Your mother has passed but father is still alive albeit very ill.

How long ago was your father's will made? A beneficiary cannot be present as a witness when the testator (will maker) is making his will: Wills Act 1837, as it implies undue influence This sounds very dodgy already and potentially fraud. From 1989 any interest affecting land must have been made in writing. When did your mother make these verbal statements as to her intent? Were there any witnesses to your mother's statement? Did you or another make note of what and when it was said? If you could have proved this as said, your mother's will could have been challenged especially in cases of fraud, as there is no time limit.

Was your sister's gift of the land in writing?

[julie1958]

Re: land split 3 ways

Im sorry, I will try.
My fathers will was made shortly after my mother died, approx 10 years ago, my younger sister might know the date. My mother made these verbal statements on numerous occasions, to all three daughters and I think once my younger sisters friend was there. We never made any notes. My mother never made a will, everything went straight to my father. I dont know if the gift of land was in writing, I know that the money me and my sister was given wasnt.

- - - Updated - - -

When you asked"was your sisters gift of land in writing,"do you mean the land she built her house on, or the land at the back of my fathers house?

[Celestine]

Re: land split 3 ways

In the South east, agricultural land goes for about 10k an acre. If it has potential for planning that would change to hundreds of thousands.

If at the time of the 'gifts' the land was agricultural, the 7k was probably not far off. Your older sister has obviously pursued applications to the council to see if this land can be reclassified for construction. She probably had to put in a lot of effort to achieve this and also, there may have been a reassessment of local land suitable for building and this land has now been identified as suitable.

Your sister probably had a good idea of this possibility when she asked for the land, especially if she lives next door. Looks like she's been pretty smart.....I can understand why you and your other sister feel hard done by, but probably very little you can do, Sorry.