Is my house being squatted?

axsanexvoice

Hello all,

I have a bit of an unusual situation and would be much appreciated if some of the pros on here could offer me advice.

The situation is that I own a house in which my brother has lived for 8 years now without paying me any rent. Family relations are a little tense and I fee that he may claim squatters rights and take adverse possession of the property

I let my brother stay in the house as a good will gesture, you know, help out family etc. The house was a gift to me by my father with the intention that my brother and I would share it but recently I asked my brother to pay me 50% the value of the house and take all possession of it. He's refused to do to this and refuses to pay me any rent.

He has a 2nd property which he rents out whilst I live out of town in a dodgy rented place & I dream of buying my own place there, if I could get 50% of the house (which is 100% in my name anyway) it would solve my problems.

Am I worrying unduly or should I have real cause for concern that my brother could claim squatters right and take my house?

Thanks in advance to any help!

g_attrill

Is the house legally in the joint names, drawn up properly? If so then I would think it's impossible to claim squatter's rights on something he already owns. I think as a 50% owner you can force it to be sold, by applying to court. Since he owns other property I doubt he has a good reason to need to stay there. Have you ever talked about moving in there yourself? You have just as much right as him!

axsanexvoice

Thank you for the reply.

The house is legally just in my name. The house if ully paid for and has not mortgage. I work out of town and so it's not somewhere I would want to live.

I would like to sell the whole house to my brother for 50% of the market value but he refuses to buy it or move out. I get the horrible feeling that he's waiting it out for a few more years and then he'll take adverse possession of the property so I am left with nothing

I helped him out, allowing him to stay there rent free, to help him out so that he could get on his feet but since then family relations have strained and now he tells me that he has more right to the house than I now that as he has had work done to it and refuses to move out or buy 50% from me.

g_attrill wrote: »

Is the house legally in the joint names, drawn up properly? If so then I would think it's impossible to claim squatter's rights on something he already owns. I think as a 50% owner you can force it to be sold, by applying to court. Since he owns other property I doubt he has a good reason to need to stay there. Have you ever talked about moving in there yourself? You have just as much right as him!

G_M

The OP says

I own a house

so I assume the house is in the OP's sole name, even though

dad had the intention that my brother and I would share it.

Correct?

I think you need to take a property solicitor's advice about what rights your brother has.

My guess is that a) he has not paid rent so has no tenancy rights and b) squatters rights do not exist.

See here:

"Everybody, whether lawyer or layperson, knows about squatters' rights. Twelve years adverse possession and you acquire possessory title - but, if title to the land is registered, no longer. One of the foundations of English and Welsh land law has been cast into the melting pot of statutory reform and emerged looking very different. Part 9 of the Land Registration Act 2002, which was brought into force on 13 October 2003, contains an entirely new scheme."

You can evict him.

BitterAndTwisted

Adverse possession applies where the squatter has been in the property or on the land for ten years. If the house is 100% in your name and registered showing you as the owner at the Land Registry, then should he make an application you will be informed and will be able to contest it.

The short way round might be to chat to a couple of Estate Agents and get them round for a viewing to undertake a valuation. This might prompt bro to take the situation seriously and get moving with his 50% to buy you out. Quite frankly, if he's being a jerk I'd sell it underneath him with no conscience whatsoever, I might even consider not giving him the 50% of the purchase price if he won't play ball. Eight years rent-free when he's already got a let property and you're paying rent elsewhere, is a p1sstake of the first order. Be prepared for no end of fall-out in the family if you do decide to force matters.

I think a quick half-hour with a solicitor who specialises in property law would be a sound investment. I'd put the bill on my credit-card if I had to.

axsanexvoice

Yes that is correct I'm the sole owner.

Thanks for the link, but there it also states:

The Land Registration Act 2002 (which follows recommendations in Law Commission Report 254 Land Registration for the Twenty-First Century) provides a new scheme for adverse possession of registered land. Adverse possession of itself, for however long, will not bar the owner's title to a registered estate in land (s96).

So I'm thinking that under the new law, after 10 years he can claim adverse possession, even if I object after another 2 years he can claim adverse possession again and this time even if I object he becomes the registered owner of the property

From same link:

Second application by squatter

If the squatter's application for registration is refused but the squatter remains in adverse possession for a further two years, he or she will be entitled to apply once again to be registered and will this time be registered as proprietor whether or not the registered proprietor objects. The purpose of the two-year period is to enable the paper owner to evict the squatter.

G_M wrote: »

The OP says so I assume the house is in the OP's sole name, even though Correct?

I think you need to take a property solicitor's advice about what rights your brother has.

My guess is that a) he has not paid rent so has no tenancy rights and b) squatters rights do not exist.

See here:

"Everybody, whether lawyer or layperson, knows about squatters' rights. Twelve years adverse possession and you acquire possessory title - but, if title to the land is registered, no longer. One of the foundations of English and Welsh land law has been cast into the melting pot of statutory reform and emerged looking very different. Part 9 of the Land Registration Act 2002, which was brought into force on 13 October 2003, contains an entirely new scheme."

You can evict him.

axsanexvoice

Thanks! Yes I can contest the application but if he stays there for a further 2 years then he gets the property even if I contest.. that's my interpretation of what is being said here:

http://www.propertylawuk.net/adversepossessionsquatters.html

I'll arrange a meeting with a solicitor next week and see what his and my rights are. I was hoping that it would not need to get messy in me getting my 50% of the house but it seems unavoidable

It's a real cheek not paying any rent and buying another property to rent while I get no benefit from my house and loose out by having to rent my own place. It's time to put my foot down and get what is owed to me. If things gets messy then I'm going to be inclined to keep 100%, I can't give away 50% after he refuses to work this out in a friendly matter. I'll just have to weather the fall-out.

BitterAndTwisted wrote: »

Adverse possession applies where the squatter has been in the property or on the land for ten years. If the house is 100% in your name and registered showing you as the owner at the Land Registry, then should he make an application you will be informed and will be able to contest it.

The short way round might be to chat to a couple of Estate Agents and get them round for a viewing to undertake a valuation. This might prompt bro to take the situation seriously and get moving with his 50% to buy you out. Quite frankly, if he's being a jerk I'd sell it underneath him with no conscience whatsoever, I might even consider not giving him the 50% of the purchase price if he won't play ball. Eight years rent-free when he's already got a let property and you're paying rent elsewhere, is a p1sstake of the first order. Be prepared for no end of fall-out in the family if you do decide to force matters.

I think a quick half-hour with a solicitor who specialises in property law would be a sound investment. I'd put the bill on my credit-card if I had to.

BitterAndTwisted

He can try and claim adverse possession but that does not mean he will succeed. Why do you think your objection might not be upheld? I don't think it's a foregone conclusion that he would succeed at all. You own the house and I'm sure it can't be taken from you just like that.

This is from the excerpt you copied and pasted: "Adverse possession of itself, for however long, will not bar the owner's title to a registered estate in land (s96)"

G_M

I think you need to take a property solicitor's advice about what rights your brother has.

But I see no reason why you should not seek to evict him. If he claims adverse possession, I see no reason why he would succeed. However a specialist solicitor will be better placed to a) advise and b) assist.

duncan303

The fact that you have given your permission either explicitly or implicitly is very significant. For him to gain a possesory title he has to exclude you (lock you out) AND indicate to you that he intends to disposses you.

You do need to see a specialist, but I am very clear to give my permission to persons to exercise rights over any of my property.


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Fire_Fox

A squatter is an unauthorised occupant, your brother has been authorised to live in the house tho somewhat grudgingly of late (and rightly so).
http://www.lbhf.gov.uk/azofservices/s/39499_Squatters_and_unauthorised_occupants.asp