Law of Tort interference of goods act to evict livestock from land

[kanine]

Re: Law of Tort interference of goods act to evict livestock from land

Dogdays, As a matter of urgency get in touch with a solicitor who specialises in LPA receiverships. At least in your case you are allowed on to tend your livestock. You will not get anywhere trying to deal with it yourself, that is their biggest strength (you with no legal representation) there are a lot of things they can do but also they cannot. Who is the mortgagee ? a bank or someone else. Does the terms and conditions of the mortgage make the appointment of the LPA valid. The longer you leave it before you get a solicitor involved the harder it will be to recover your position.Whatever happens with the stock remember the regulations, who is the "keeper" of the stock, passports etc. Has the LPA given you a tenancy (at will. i.e can be terminated at any time) if not who is the actual keeper of the stock, there are many issues but I think by your thread they are wanting you to remove them so they can sell the property.

[kanine]

Re: Law of Tort interference of goods act to evict livestock from land

Please can someone help me land i took out a mortgage on that has been put in the hands of an unscrupulous LPA receiver for nearly a year, after trying a number of underhand ways to remove the livestock the latest attempt is to use the Law of Tort to sell the livestock,which are not all owned by me.Can anyone tell me if this is legal without going to court, also the notice was pinned to the farm gate, suel this cannot be the way to deliver such an order

Thanks for any help

If they do not have the passports for the cattle they cannot sell them. He cannot keep the money in any event even if he could sell them. Is it possible to tell us who this LPA receiver is ? There is a very big grey area for you to camp on ( British cattle movement regulations, who is the registered keeper of the livestock, farm holding number etc.) but you must get experienced help from a solicitor, and what is the position with the mortgage ( is that position irrecoverable)

[kanine]

Re: Law of Tort interference of goods act to evict livestock from land

Things have moved on, had a letter today saying the bank have sold the property without my knowledge, and it has not been advertised anywhere, the have exchanged contacts and intend to complete in 2 wks. surely the cannot do this??

I think there is a requirement to advertise the property and to show that the price realised was a proper commercial price achieved in a transparent way otherwise the LPA would be liable for a shortfall if it was sold at below it's market value. It would certainly be worth checking, Who is the bank as I am puzzled why they don't want the maximum amount.