ChatterBank0 min ago
Leaving land by Deed
1 Answers
I apologise if this appears twice, but I thougth I had posted it already and it disappeared.
My great aunt owned a bit of land. For about 15 years before she died she let the local village hall committee and various clubs use one of the outbuildings for various things because it adjoined their land. They paid a small rent for this on an annual basis. About 8 years ago, she made a covenant by deed promising to leave the land to X Y and Z as trustees for the village of ABC on her death. She said in this covenant that it would be binding on her executors and that her will on this point could not be changed. At the time, her will left the property to the village. About 4 years later she changed her will leaving everything to my mother. My mother's solicitors say that the village get the land, is this correct?
My great aunt owned a bit of land. For about 15 years before she died she let the local village hall committee and various clubs use one of the outbuildings for various things because it adjoined their land. They paid a small rent for this on an annual basis. About 8 years ago, she made a covenant by deed promising to leave the land to X Y and Z as trustees for the village of ABC on her death. She said in this covenant that it would be binding on her executors and that her will on this point could not be changed. At the time, her will left the property to the village. About 4 years later she changed her will leaving everything to my mother. My mother's solicitors say that the village get the land, is this correct?
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It's never possible to give a definite answer to something like this without studying the legal documents concerned, but from what you say it seems pretty foolproof - i.e. the village get the land.
Your mother will have to rely on legal advice, & if she is not happy with what her solicitor has said then ask for a second opinion. However, this would probably have to come from a barrister and would be expensive - perhaps �1000 or more?
Your mother will have to rely on legal advice, & if she is not happy with what her solicitor has said then ask for a second opinion. However, this would probably have to come from a barrister and would be expensive - perhaps �1000 or more?
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