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  • FIRST POST
    • k66yla
    • By k66yla 19th Aug 13, 9:26 AM
    • 346Posts
    • 491Thanks
    k66yla
    Who's house?
    • #1
    • 19th Aug 13, 9:26 AM
    Who's house? 19th Aug 13 at 9:26 AM
    My dad was killed back in December and he did'nt have a will.

    He had lived in a small terraced house that now turns out my mums aunt still owns. My mum told me that back in the late 70's that she, my dad and her aunt went to a solicitors in town and had the house transferred from the aunt to her and my dads names.

    Land Registry still have the house listed in the aunts name and the building where the solicitors was does'nt exist anymore and mum can't recall the name. The aunt died in 2005 and nothing was mentioned about the property and dad had'nt received any paperwork about the house being part of her estate. I'm sure my mums cousin would've contacted dad if it was.

    Dad had lived in the house for over 20 years and virtually rebuilt it. I have bills from all the work he paid for to be carried out.

    The property has remained empty since December and we've paid all the bills and continue doing so.

    What should we do as it seems to be a very confusing situation. I can't afford a solicitor at the moment and just would like some idea what to do next.

    Thanks and I hope I have'nt confused you too much.
Page 2
    • konark
    • By konark 9th Jun 15, 1:51 AM
    • 847 Posts
    • 656 Thanks
    konark
    You have possession of the property.
    No-one else is claiming it as theirs.
    Who cares whose name is on some Land Registry title , you have the keys and control of the house. Although you can't sell it you can rent it out.

    In the long run some form of adverse possession is possible, but nowadays you must write to the people who are on the L.R title at their address after 10 years. That's not going to get an objection is it? The clock would only start after your father died because he had permission to live there , you do not, you are effectively squatting in a house that technically is not yours, and nobody else knows. Just wait the 12 years and claim your house by adverse possession.
  • Land Registry
    It doesn't sound as if the aunt's beneficiaries had any involvement in the property so they wouldn't have given their permission - does that reopen the possibility of adverse possession?
    Originally posted by Mojisola
    It may do but as the next post suggests the clock may only have started ticking after the father's death but then again who is claiming it? The OP suggests a relative is now occupying it for security reasons so the devil will be in the detail re any supporting evidence around such a claim - the law is very complex and the registration requirements are only one aspect to consider here
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Land Registry
    You have possession of the property.
    No-one else is claiming it as theirs.
    Who cares whose name is on some Land Registry title , you have the keys and control of the house. Although you can't sell it you can rent it out.
    Originally posted by konark
    Is that right? I would have thought renting it out was dependent on the same level of proof as selling it, namely a tenant would want to confirm you were the owner?
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • getmore4less
    • By getmore4less 9th Jun 15, 9:22 AM
    • 29,472 Posts
    • 17,614 Thanks
    getmore4less
    If the OP likes the place has full access and wants to live there then even if the clock started ticking to day they could just live in it and wait.

    Might be safer than getting it wrong now.
    • Savvy_Sue
    • By Savvy_Sue 9th Jun 15, 9:56 AM
    • 37,518 Posts
    • 33,831 Thanks
    Savvy_Sue
    Is that right? I would have thought renting it out was dependent on the same level of proof as selling it, namely a tenant would want to confirm you were the owner?
    Originally posted by Land Registry representative
    I guess some tenants might, but most not.

    I used to work for a Housing Association, a group of us were having a guided tour of properties believed to be vacant. We found a young man who thought he was legally renting a flat, his 'landlord' hadn't been passing on the rent, we were taking ll to court, this poor lad knew nothing!

    I know it's not quite the same, but I think most people will take for granted that if a property is being offered for rent, then it's being done so legally.
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 1 shawl, 2 pairs baby bootees,
    1 Wise Man Knitivity figure, 1 sock ...
    Current projects: 1 shawl, t'other sock (just about to turn the heel!)
    • k66yla
    • By k66yla 11th Jun 15, 8:26 AM
    • 346 Posts
    • 491 Thanks
    k66yla
    Now I've finally found out who bought out the solicitors firm my parents and great aunt dealt with things hopefully will progress.
    I emailed them but no response so decided to phone them yesterday but there was no answer from their deeds department. Hopefully will get a call back today.
    Fingers crossed they have archived all the records from the previous solicitor.
    To be honest it does'nt really bother me too much what happens as I've never been back there since my dad died, but would like to finally get things dealt with. It does bother me though that my dad did sink a lot of time and money into rebuilding this house and would like to do the right thing for him(sorry that probably does'nt make a lot of sense to most).
    • jackyann
    • By jackyann 11th Jun 15, 6:21 PM
    • 3,052 Posts
    • 5,818 Thanks
    jackyann
    It makes complete sense. From your story, your parents, then your dad, morally "owned" the property. You are grieving for him, and especially upset because of the manner of his death. Part of coming through all of that will be feeling that you have done the right thing by him.

    Having said that, the situation is tangled, and may not easily resolve. Don't rush - the property isn't going anywhere (and I think you said that your son is looking after it). Give yourself time to sort out other things and keep a careful note of everything that you do.

    Good luck (and if you can spare the time, keep us posted)
    • k66yla
    • By k66yla 8th Dec 15, 7:14 AM
    • 346 Posts
    • 491 Thanks
    k66yla
    6 months later and still have'nt heard back from the solicitors deeds department after making numerous calls to them. My son is still in the property and spending his wages to keep the property running. Boiler packed in as it had'nt been run for so long.
    Dads death is still dragging out as we've still not received a Death Certificate after almost 3 years. I guess thats the problem with dealing with Coroners in different areas!
    • Savvy_Sue
    • By Savvy_Sue 8th Dec 15, 10:17 AM
    • 37,518 Posts
    • 33,831 Thanks
    Savvy_Sue
    6 months later and still have'nt heard back from the solicitors deeds department after making numerous calls to them.
    Originally posted by k66yla
    I think that would warrant a formal complaint? The firm will have a complaints process, start it ... although if you have not formally 'engaged' them then I guess it's possible they haven't found anything and don't feel obliged to tell you so.

    Can you (or your son) go there in person?
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 1 shawl, 2 pairs baby bootees,
    1 Wise Man Knitivity figure, 1 sock ...
    Current projects: 1 shawl, t'other sock (just about to turn the heel!)
    • k66yla
    • By k66yla 8th Dec 15, 1:36 PM
    • 346 Posts
    • 491 Thanks
    k66yla
    I think I will pay them a visit as it appears that passing on messages via the receptionist has'nt appeared to work. Will keep you updated, hopefully not another 6 months...lol
    • BobQ
    • By BobQ 13th Dec 15, 4:50 PM
    • 9,652 Posts
    • 12,522 Thanks
    BobQ
    6 months later and still have'nt heard back from the solicitors deeds department after making numerous calls to them. My son is still in the property and spending his wages to keep the property running. Boiler packed in as it had'nt been run for so long.
    Dads death is still dragging out as we've still not received a Death Certificate after almost 3 years. I guess thats the problem with dealing with Coroners in different areas!
    Originally posted by k66yla
    Are you saying that after 3 years he has not been buried/cremated?

    If he has there must be a death certificate on public record.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
    • k66yla
    • By k66yla 13th Dec 15, 5:29 PM
    • 346 Posts
    • 491 Thanks
    k66yla
    Are you saying that after 3 years he has not been buried/cremated?

    If he has there must be a death certificate on public record.
    Originally posted by BobQ
    We had an Interim Death Certificate a month after he was killed so his body could be released for the funeral. We are still waiting for a proper Death Certificate to be issued and to hear from the Coroner.
    • candlelight 2013
    • By candlelight 2013 13th Dec 15, 6:27 PM
    • 2,362 Posts
    • 24,758 Thanks
    candlelight 2013
    I really think you should get in touch with the Coroner's Office if you haven't already. Three years is a long time to wait for an inquest, although not unknown, but certainly the Coroner's officer should be keeping you informed.

    Candlelightx
    • antrobus
    • By antrobus 14th Dec 15, 7:55 AM
    • 15,033 Posts
    • 21,357 Thanks
    antrobus
    ...She was a bit eccentric, tales of Russian spies and other colourful stories. Though she did use stuff like that when she stood for election against Tony Benn in the 1960's. So perhaps she was'nt as strange as she made out....Sorry to digress....
    .
    Originally posted by k66yla
    That would be sufficient information to identify your aunt.
    • k66yla
    • By k66yla 16th Jun 17, 7:06 PM
    • 346 Posts
    • 491 Thanks
    k66yla
    Thought I would give you an update after 4 years. Finally got a death certificate for my dad, took over 3 years. Still unable to locate relevant solicitor. Saved all my money up and decided to fix the house up and I have now moved in.
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