Who's house?

Land_Registry

Mojisola wrote: »

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?

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

Land_Registry

konark wrote: »

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.

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?

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

Land_Registry_representative wrote: »

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?

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.

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

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

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

k66yla wrote: »

6 months later and still have'nt heard back from the solicitors deeds department after making numerous calls to them.

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?

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

k66yla wrote: »

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!

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.