Odd situation of land tenants death being hidden?

[Honestherbert]

A slightly odd situation to ask advice on but PH has some extremely helpful folk I know!

My mother has just received a letter from his children informing her that the tenant of some land she owns over 100 miles away from where she lives has died and the family are asking for symapthy at this time ( fair enough) however after looking into the obituary it turns out the guy actually died in april last year! And unbeknown to her has been in a home for the last 3 years or so ( he was 96) what is the legal standpoint in regards to her being able to reclaim ownership of the land and put it on the market for sale?

I believe there is no tenancy agreement in place and the it was a spit and shake affair going back to the 1970s regarding rental before my mother inherited it some years ago. She did notify the tenant when it came to her possesion that she would be wanting to sell as soon as he retired which he acknowledged but I believe his son has been using the land for at least the last 15 years and has blatantly hidden the death for at least 8 months already!

Manybthanks for any advice.

[surveyor]

What sort of land?

[duckwhistle]

See a Solicitor pronto.

[Honestherbert]

surveyor said:

What sort of land?

Farmland, a field of a few acres or so.

[Honestherbert]

duckwhistle said:

See a Solicitor pronto.

She has one booked in next couple of days, I was just wondering the legalities of hiding the death of a tenant like this. I am sure it will all be sorted via solicitors in due course.

[anonymous-user]

There is no general obligation for anyone associated with a person who has died to tell anyone else of the death, subject to compliance with statutory reporting, issue of death certificate and so on. In the ordinary course, the executors or administrators of the dead person's estate (if there are any - a small estate may not go through probate) would contact people with whom the dead person was known to have had ongoing transactions. Often a relative or friend may volunteer do this even before the execs or admins have taken on their roles (eg contacting banks and credit card companies).

[anonymous-user]

Not disclosing something is not necessarily hiding something. Do you know if the family of the deceased knew who the owner of the rented property was? They might have had to check this. They might have been busy with other things. Don't jump straight to an assumption of wrongdoing.

[anonymous-user]

duckwhistle said:

See a Solicitor pronto.

Surely best to resolve it amicable without attracting laywer fees first. It is land afterall.

[anonymous-user]

The OP wants legal advice about something very valuable, but is asking for free legal advice from some people on the net who like cars, even though his mum is apparently consulting a solicitor soon. The matter may be resolvable without lawyers, but the OP needs advice first. Maybe the OP wishes to test the solicitor's advice against the views of some random car people, as that is a thing here.

It goes: "I have consulted/will consult a lawyer about x, and (presumably) have told/will tell the lawyer all the details of x, but I would like people here to tell me if the lawyer is/will be right about x, based on my posting here of some sketchy outline info about x".

Edited by anonymous-user on Thursday 16th January 22:09

[surveyor]

I had a suspicion that this was going to be an agricultural tenancy. I’ve not been near these for years and have a faint memory that some sorts can be handed down the line.

Make sure your lawyer knows the field, or talk to an experienced land/rural/agricultural surveyor.

[anonymous-user]

This, with knobs on. Almost all land law is basically bonkers, but agricultural land law is extra super mega bonkers. It must be something to do with all the fresh air, turnips, and sheepshagging, or something. Really not one for the pub experts.

[echazfraz]

surveyor said:

I had a suspicion that this was going to be an agricultural tenancy. I’ve not been near these for years and have a faint memory that some sorts can be handed down the line.

Make sure your lawyer knows the field, or talk to an experienced land/rural/agricultural surveyor.

What if they've only seen fields like the OP's mum's one? It's a bit much to expect them to know about every piece of land in the UK is it not?

[surveyor]

echazfraz said:

surveyor said:

I had a suspicion that this was going to be an agricultural tenancy. I’ve not been near these for years and have a faint memory that some sorts can be handed down the line.

Make sure your lawyer knows the field, or talk to an experienced land/rural/agricultural surveyor.

What if they've only seen fields like the OP's mum's one? It's a bit much to expect them to know about every piece of land in the UK is it not?

I meant to type knows agricultural land law. It's been a long week.

[echazfraz]

Sorry, was too good to resist.

If the OP's maw's field's in Jockland I may know of someone qualified who could comment.

Let me know OP.

Otherwise ah'm oot.