92-year-old wins right to evict daughter
Tuesday, 23rd March 2010
A 92-year-old woman has won her legal battle against the daughter and son-in-law that shared her farmhouse in Herefordshire, after the Court of Appeal how “real animosity” between the relatives made living untenable.
Eileen Cook resided in one end of her Tretawdy Farm property while her daughter lived in the north wing of the 19-acre estate.
Despite their close proximity, the pair had not spoken for over 10 years and Lord Justice Lloyd stated that the married couple had no right to live in the property since a notice to quit expired in 2008.
After 2008, the couple were given six months to evacuate the property but failed to do so and must now pay Mrs Cook damages for “trespassing”, as well as legal costs.
The judge rejected claims that Mrs Cook had made a series of binding promises to enable them to stay on the family farm, and that the property would be theirs when she died. Instead the farm will now go to a local nature charity upon Mrs Cook's death, as stipulated in her will.
Family relations became frayed when Mrs Cook disapproved of her daughter’s marriage in 1995. After Mrs Cook’s husband’s death in 1995 brought a brief reconciliation, accusations of vandalism, and the revelation that the farm would be handed to charity, caused old feuds to be reignited.
The widow's lawyers said she had every right to deny her daughter and son-in-law the farm and that, as they were only there as "licensees", she could force them out whenever she wanted.
The court rejected statements from her daughter’s legal team which claimed the couple had performed extensive repairs to the farmhouse, as well as tending for cattle and sheep on the farm, and that Mrs Cook would be “unjustly enriched” by their exodus.
But last summer, High Court Judge, Stephen Eyre, ruled that Mrs Cook had never given the couple a “firm commitment” and granted her a possession order, forcing the couple off the farm
Mrs Cook said of the verdict: “I've just about had enough. I've had nine years of abuse and I don't have any contact with them at all. This is how I've had to live - in one room. It's been hell.”
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