family dispute and possible eviction

Moses

Registered User
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I believe the questions and possible answers to the following situation, even if not for my benefit are worthy of consideration to anyone involved in the legal profession, regardless of their qualifications or experience, as such I would greatly appreciate your assistance.

The start of my plight goes back over 40 years, (thus the name, Moses), it involves an agreement between two brothers, one my father the other is my uncle.
Around 1959/60 my father and mother were living and working in Glasgow, my father ran his own business. He reached a verbal agreement with his brother while back on a visit. The agreement reached between the two brothers involved the following:
While my father sorted out his affairs in Glasgow with the intention of returning to Ireland, his brother would sort out a vacant premise on my father’s behalf, although it was in a bad state of decline, my father would carry out all the necessary repairs. In exchange for this property, my father gave him, all the machinery pertaining to their type of business; he had shipped back from Scotland. My father also agreed to work for his brother, the only stipulation to an otherwise mutual beneficial agreement was that my father would not start up a similar business in the same town.
Since my family moved back from Scotland, 1960, my father carried out major repairs to the premises and carried out several businesses over the years from this address. My residence is adjacent to my uncle’s property. In 1979 my father died suddenly, on the night of his burial, my uncle informed me, in no uncertain terms, he would have my mother and the rest of my family evicted.
After legal arguments from both sides, I was approached by his eldest son who told me he was speaking as his father’s representative, to see if a family arrangement could be drawn up for the sale of the freehold, due to our financial circumstances and the fact that extended property was been added to the arrangement, a deposit of in excessive of 80% of the asking price was paid over, with the understanding the balance would be paid when ever I had it. This agreement was signed by all parties, in the early 90’s.
Despite not having found myself in a position to pay the balance until recently, I did not avoid this issue and on several occasions I spoke about this issue to my uncle and my cousin, his representative and nominate executor of his will, I was told that this was not a problem as it was a family arrangement but it would be better all-round to conclude the contract.
Now it appears, that since my mother is no longer alive he has another opportunity to have me and my family evicted, or else I except his drastic changes to the original agreement.

PLEASE, PLEASE HELP MOSES.
 
Re: Dirty Deeds and Evictions Done Dirt Cheap

Welcome to AAM, Moses, and sorry to hear about your difficulties.

I can't offer any legal advice on your predicament — and indeed certain elements of it aren't clear to me from what you've written above — but I would imagine that you are not strengthening your position by divulging details of this dispute on an internet discussion board, particularly couched in emotive terms like those of your title.

What has your solicitor advised? Was the same or another solicitor invloved in the agreement you mention from the early 90s?

I suggest you get professional legal representation, rather than rely on anonymous advice, albeit from informed/well-intentioned posters here or elsewhere.
 
Re: Dirty Deeds and Evictions Done Dirt Cheap

If there is no personal information given why do you regard posting here as a bad idea. I am sorry if it sound emotive, it was not ment to.
 
Re: Dirty Deeds and Evictions Done Dirt Cheap

Sorry, I phrased it unclearly — I didn't mean to imply that you had divulged personally identifiable details, rather I meant to warn you against doing it in subsequent posts (for example, if someone here asked you to clarify certain points).

Also, the 'emotive' comment wasn't intended as a criticism. I'd be pretty emotive myself, in your shoes! But to talk about 'dirty deeds' etc. is not an impartial/objective representation of the situation...

Despite not having found myself in a position to pay the balance until recently...
You mean you recently have paid off the balance?
Now it appears, that since my mother is no longer alive he has another opportunity to have me and my family evicted, or else I except his drastic changes to the original agreement.
How so? Did the agreement signed in the 90s stipulate that it would be valid only for as long as your mother was alive?
 
Re: Dirty Deeds and Evictions Done Dirt Cheap

i would sugest that you need to talk to a solicitor quickly. also mention squaters rights at this stage assuming you weren't paying rent over the 40 years . would be definitaly worth a try and possibly should have been done before the signing if gamily agreement.
 
Thanks Dr. i really do appreciate your warning. The title was a play on a song title, that was a mistake.
No what they are claiming is the lenght of time it took to pay the balance breaks the agreement.

jem, thank you for your help, i have being working with a solicitor from '79
this is just another way of exploring all possibilities
 
Moses said:
Thanks Dr. i really do appreciate your warning. The title was a play on a song title, that was a mistake.
No what they are claiming is the lenght of time it took to pay the balance breaks the agreement.
Like jem said, get thee to a solicitor, quickly.

Are you sure they're not trying to evict you for playing old AC/DC records too loud? ;) (Joke!)
 
Thanks Dr. it well could be, perhaps it was the track "Highway to Hell", I'm not sure if the uncle is heading that way or he used that route to escape. One last question do you think the number 666 under his wig might mean anything with regards as to who I really am up against?
Cheers
 
I was approached by his eldest son who told me he was speaking as his father’s representative, to see if a family arrangement could be drawn up for the sale of the freehold, due to our financial circumstances and the fact that extended property was been added to the arrangement, a deposit of in excessive of 80% of the asking price was paid over, with the understanding the balance would be paid when ever I had it. This agreement was signed by all parties, in the early 90’s.


Moses - are you saying you paid your uncle's family the full value of the property you live/work in, first 80%, the remainder recently when you had it, but that your uncle's family are saying they will not go ahead with honouring the sale of the freehold (which you have now paid for!) to yourself because you were slow in producing the balance? Have I understood you properly?

Where does "eviction" figure in all that? I'm not legally-trained but if the payments you mention above are payment for the leasehold of your home/work premises and you do not have a landlord-tenant rent-paying relationship with your uncle or his family then have you considered this stuff about "eviction" is a rather wild and impossible threat in the circumstances and doubtless your solicitor has approached your relatives for a formal, written statement of grounds for such an action or even such a threat. You have rights in law from your length of occupancy as well as from the original 'deal'.

It is always sad to hear of these situations where everything becomes unclear and misunderstanding and bad feeling abounds and it is difficult to remain patient over such a long period where something so important as your home and place of work are less than secure. Have you considered trying to resolve the issue through an independent mediation service?

 
Thanks Marie, yes you got it right, its all down to the fact I was slow in paying the balance. Even though i did keep in contact with the eldest son on this issue, and he kept assuring me this was not a problem as this was a family agreement, however it now appears he has lost his father's ear, and now the new advisere to my uncle is his alcholic son. There are legal arguements resuming at this stage. Your idea of independant mediation would be exceptable to me, but I am not so sure it would be to the other side.
 
Moses - From what you say it sounds as if the most recent crisis comes down to personalities. If this situation has been running since 1979 your legal fees must be mounting up at this stage. It may be that the situation could be resolved through mediation and it is difficult to see how 'the law' comes into play here as what you describe are a series of informal verbal decisions and commitments most of which appear to have been revised over time.

All that is required in engaging a mediator is that you yourself be prepared to accept the outcome and go with whatever recommendations come from the negotiations. A skilled mediator is a 'listening thinking outsider' who would clarify the issues and interpret each side to the other.

Just one final point - though your payment of the balance of the purchase money was slow if your uncle and his family accepted it surely that in itself was closure of the deal?

I wish you well with it.
 
Thanks again Marie, i would not have a problem with your proposal, but it would take both sides to enter into such a process and that is the problem. The money was "excepted", but under a statement from their solicitor muddying the water, as it were.
 
Well Moses - the "muddy water" can be clarified (a) by yourself and your uncle/uncle's family independently, (b) through the courts and legal system (c) through mediation or (d) through a combination. Personally I always find it is important to try to get to the root of the issue before engaging in any particular course of action. Where family are involved situations which are relatively straightforward become emotional and can seem more complex.

In my own experience discussing with individuals outside the immediate conflict or misunderstanding can be very useful in identifying what exactly the issue is. When I can write down in ONE SENTENCE what the single issue to be addressed is and can write down in ONE SENTENCE what I want to do (and Moses - that's what I want to do - not what the other party wants/thinks/did/imagines!!!!) . If you can analyse - with the help of an objective outsider, friend, solicitor, mediator.......... what the issue is here and what you want to do THEN you can set out on the right path to address it. You might lose, you might win...........but it will bring a long-running situation to closure.

All the best with it!
 
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