Intestacy on going more than 12 years

Ol_Jay

RAS wrote: »

has it occured to you that

1. It is possible that uncle has very conveniently obtained "squatter's rights" by occupying the property for that period of time. I am not sure about this (the law on adverse possession used to have a 12 year limit) because uncle as admin has given uncle as occupier permission to occupy the land but you need to get advice.

2. If this is agricultural land he has probably granted himself an agricultural tenancy and it is very difficult to gain vacant possession of an ag tenancy.

I suggest that you go and see a good probate lawyer, pronto.

And consider registering an interest with the Land Registry.

Thanks for the reply.

Yes no. 1 above is a very interesting and valid point. Sis and I have talked about it previously. Certainly a much more valid reason for the 12 year wait, in hindsight. It's residential land that's unregistered but with deeds, which Admin has.
He has talked,a little bit at least, about getting it into his name but Land Reg only offered Possessory title so it was left until now. It was mentioned about re-applying a few months ago. Hopefully he isn't going behind our backs on this one?

How could i (personally) register my interest?

Further replies and advice would be much appreciated.

Crabapple

If it's unregistered it's a bit more complicated. I found this link

http://www.landregistry.gov.uk/professional/guides/practice-guide-63

However, to a lay person this is not particularly useful I would say! The Land Registry does have a helpline which might give you a bit more of a steer.

I think you need to get some proper legal advice on this one.

Ol_Jay

Crabapple wrote: »

If it's unregistered it's a bit more complicated. I found this link

landregistry.gov.uk/professional/guides/practice-guide-63

However, to a lay person this is not particularly useful I would say! The Land Registry does have a helpline which might give you a bit more of a steer.

I think you need to get some proper legal advice on this one.

Many thanks.

Very useful reading thanks, as you say maybe a little, heavy

Edit: Def. going the legal advice route. Quite concerned that as mentioned Uncle the Admin might be trying to get squatters rights, for himself, rather than possessory title as Administrator

Has anyone experienced this?


Advice much appreciated thanks

Mojisola

Ol_Jay wrote: »

Quite concerned that as mentioned Uncle the Admin might be trying to get squatters rights, for himself, rather than possessory title as Administrator

No knowledge of this situation but I would think his legal obligations as an executor would over-ride him claiming anything for himself.

The only problem would be that it could cost you a lot of money in legal fees sorting things out.

Ol_Jay

Mojisola wrote: »

No knowledge of this situation but I would think his legal obligations as an executor would over-ride him claiming anything for himself..

Thanks.

I was thinking this might be the case, poss. self-dealing etc?

The only problem would be that it could cost you a lot of money in legal fees sorting things out.

That's the problem and maybe what the Admin is counting on I'm of very limited means. My share in the estate would probably be about 100k though so obv. a solicitor might work on that basis.

RAS

I think that if you won, the costs could be awarded against him?

Go over to the renting, buying forum here and ask about recording your interest in the property with the Land Registry. There is a LR rep who sometimes comes on this forum but more often inhabits the renting selling and buying forum.

Beyond that, looks like a swift letter or two followed up promptly with a letter before action might work.

I would recommend that you speak to a probate lawyer find out what the legal situation is (write down the big legal words). Can you team up with your sister?

Then

a) speak to the executor and tell him that this has gone on too long and you want it sorted within the next few months or will take legal advice. Go mob handed, formal meeting somewhere neutral if possible.

b) if you feel face to face is too hard, the pair of you write an informal letter asking for the same outcome. Ask for written assurance that action will commence within a specified timetable (maybe that the proeprty will be registered in the name of the estate of deceased). Send two copies, first class from two different post offices with free certs of posting and keep a copy for yourselves.

Then and only then engage a lawyer?

That gives the executor time to get their act together and shows that you attempted to remedy without costs before taking legal action.

Ol_Jay

Many thanks RAS

Sounds a very good plan.
My sister and I are together on this. She has already mentioned to the Admin about taking legal advice I believe and she is seeing solicitor very soon. Though just to find out options i think at this stage, nothing too full-on.

Will go over to the forum to post re: Land Reg etc, have seen LR rep postings before and was hoping to catch his opinion.

Ol_Jay

RAS wrote: »

I would recommend that you speak to a probate lawyer find out what the legal situation is (write down the big legal words). Can you team up with your sister?

Then

a) speak to the executor and tell him that this has gone on too long and you want it sorted within the next few months or will take legal advice. Go mob handed, formal meeting somewhere neutral if possible.

b) if you feel face to face is too hard, the pair of you write an informal letter asking for the same outcome.

Update: Sister has spoken to her solicitor and he advises same plan of action really. An informal letter initially, he suggested how to phrase it.

g6jns_2

Ol_Jay wrote: »

Update: Sister has spoken to her solicitor and he advises same plan of action really. An informal letter initially, he suggested how to phrase it.

Good! Glad to hear it. Don't let him try and fob you off any more. Set him deadlines and stick to them. He needs to know that you mean business and will not be b******d about any more. Good luck.

Ol_Jay

g6jns wrote: »

Good! Glad to hear it. Don't let him try and fob you off any more. Set him deadlines and stick to them. He needs to know that you mean business and will not be b******d about any more. Good luck.

Thanks G6jns, much appreciated. :beer: