Squatters using utilities

BreakfastTea18

Hello, 
I posted v recently on here about my contentious probate issue. Mum died intestate, brother and I will Inherit. Brother being horrific, believes he is entitled solely to a large piece of land mum left (on separate deeds, owned by her).

Caveat entered by both of us on Probate Registry until issues are sorted (there shouldn't be an issue, it's 50/50 on entire estate, but Brother thinks otherwise)

Brother is allowing his sons to use the property for their business they run on the land (without planning permission or paying rates) .

Utility use is sometimes up to 16kw a day. I am applying to have the supply cut by the Electricity network. Removing the supply will be cheaper than the unnecessary charges being run up by him. 

 My Instruced solicitor says go ahead and Brother can argue later aa he is the one aiding and abetting squatting. 

Any thoughts ? 

born_again

Report to council for non rates & no planning permission..

elsien

You have a solicitor. Who will have more legal training than the majority of people on here. You probably need to listen to their advice.

Although I would query if squatting is the correct term given that they have your brothers permission to be there. 

I’d also agree the report to the council for planning permission and business rates suggestion. 

BreakfastTea18

Hi

Permission to occupy either the house or land ended on the death of my mum. It is squatting as neither myself or my brother can give permission to anyone to occupy. Neither of us are the landowner.

Devongardener

You need to consider whether your brother has entered into any sort of tenancy arrangement with these people, formal or not.  If he has you might be on uncertain ground if you cut off the electricity supply.   Do you know for sure that they are not paying rent to your brother? Are they living there or just running a business?

BreakfastTea18

born_again said:

Report to council for non rates & no planning permission..

Already done and with photographic evidence of occupation. 

BreakfastTea18

Devongardener said:

You need to consider whether your brother has entered into any sort of tenancy arrangement with these people, formal or not.  If he has you might be on uncertain ground if you cut off the electricity supply.   Do you know for sure that they are not paying rent to your brother? Are they living there or just running a business?

He hasn't, it wasn't his to give as he doesn't nor ever has owned the land in question. There was an informal agreement that my late mum had, now ceased upon her death. 
Title is 100% in favour of my mother, in fact it still has my late Father on the deeds too. Adverse possession is not in the equation as permission was always given. 

BreakfastTea18

My position is to protect the assets of the estate, ATM the utility use may well become thousands..squatters have been given or obtained a key to enter the property. 

It's a difficult one, I agree best left with my Solicitor.  Whatever happens the estate has to be wound up and distributed , whether my brother agrees with that or not. 

Flugelhorn

are you both administrators for the estate or is it just you ?

BreakfastTea18

Kimlisa1 said:

Devongardener said:

You need to consider whether your brother has entered into any sort of tenancy arrangement with these people, formal or not.  If he has you might be on uncertain ground if you cut off the electricity supply.   Do you know for sure that they are not paying rent to your brother? Are they living there or just running a business?

He hasn't, it wasn't his to give as he doesn't nor ever has owned the land in question. There was an informal agreement that my late mum had, now ceased upon her death. 
Title is 100% in favour of my mother, in fact it still has my late Father on the deeds too. Adverse possession is not in the equation as permission was always given. 

Devongardener said:

You need to consider whether your brother has entered into any sort of tenancy arrangement with these people, formal or not.  If he has you might be on uncertain ground if you cut off the electricity supply.   Do you know for sure that they are not paying rent to your brother? Are they living there or just running a business?

They are staying ad hoc, allowing sub contractors to sleep in the property and running a business on the land. Permission was given by my mum for the business, she was actively involved in it until a few years before her death but she was always the landlord, even if rent wasn't charged. 

Land didn't come to the attention of Business Rates until a fortnight ago. There may well be a large backdated amount to pay.

 Unfortunately much went on under the radar of relevant authorities, and still does. 

BreakfastTea18

Flugelhorn said:

are you both administrators for the estate or is it just you ?

We are both able to apply for LoA but there is a mutual caveat in place until this is sorted