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Intestacy on going more than 12 years

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Comments

  • RAS
    RAS Posts: 36,033 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    We really need Land Registry Representative on here or there.
    If you've have not made a mistake, you've made nothing
  • Land_Registry
    Land_Registry Posts: 6,192 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    edited 17 July 2014 at 2:19PM
    Sorry for delayed arrival but I had viewed the thread some time ago and before direct reference to LR Rep and felt that the areas you were trying to cover re intestacy and issues around probate/letters of administration were being covered and not areas we would normally stray into

    A few things I can comment on are
    We don't 'offer' possessory title - you can apply for it and if we accept the application and supporting evidence we may grant possessory (or indeed absolute) title if warranted but every instance would be treated on merit
    Note - there is not a good possessory class of title

    With unregistered land possessory title is the most common class of title to be granted simply because there is no certainty as to the true legal owner and they have not had an opportunity to get involved in the registration process. With registered land there is of course someone for us to contact and query the application so if they don't object then the class of title granted could be absolute

    As others have mentioned any claim as to adverse possession by the administrator acting on a deceased's estate is likely to be flawed - that is of course if they reveal the full facts re the death/intestacy/administrator's role of course.

    As far as registering an interest is concerned you are hampered by the fact that the land is of course unregistered. Our online guidance may help here but, as with many of our guides, it is written with legal professionals in mind as the areas covered often include reference to wider legislation on which we cannot provide guidance. Hence our always recommending you seek legal advice

    I hope I have covered the points raised but if not can you post again with any specifics and I'll do my best to help.

    And, in my experience based largely on details shared in online forums, the issues you originally raised re the administrators inaction may be the ones to pursue initially as far as their possibly not fulfilling their obligations as administrator of the estate. The difficulty I suspect you will face though is proving your legitimate interest in the estate, which is of course not something Land Registry would be able to advise on as quite separate from the property registration aspects
    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"
  • Ol_Jay
    Ol_Jay Posts: 66 Forumite
    edited 17 July 2014 at 2:49PM
    Many thanks LRR

    Your reply is very much appreciated and answers my questions about the land issues very clearly.
    I may have further questions, though as you say i've received lots of good advice here already.

    :cool:

    Thanks again
  • Ol_Jay
    Ol_Jay Posts: 66 Forumite
    Thought I'd post about where we are at present even though there's not really any news.

    Following Sisters first meeting with solicitor and the informal letter as first step it does seem like it's chivvied uncle (Admin) and his "team" along a bit.
    Hopefully now we will see some action soon,other pressing matters have taken priority the last few weeks, which I understand.

    It does seem that reasons for the length of time they've waited,the initial 12 year wait anyway, was more to do with getting possessory title for the land rather than anything else. Apologies for that, I must have misunderstood :(

    I appreciated everyones replies and advice, I read the other threads on here most days and will update this thread when there's more,hopefully major, news.

    Thanks again
  • Ol_Jay
    Ol_Jay Posts: 66 Forumite
    Also just to quickly add he's looking to go soon to the LR office to re-apply (his words) for possessory title.
    Hopefully now we're getting somewhere :beer:

    If it stalls again it's back to the solicitor for us and a plan of action very similar to what RAS advised. Though we've held off a bit so far as it does seem he's been woken up a bit and also because we've got something else we've all been dealing with. (This situation and negotiation almost deserves it's own thread too!, hopefully almost sorted)
  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    Ol_Jay wrote: »
    Also just to quickly add he's looking to go soon to the LR office to re-apply (his words) for possessory title.
    Hopefully now we're getting somewhere :beer:

    If it stalls again it's back to the solicitor for us and a plan of action very similar to what RAS advised. Though we've held off a bit so far as it does seem he's been woken up a bit and also because we've got something else we've all been dealing with. (This situation and negotiation almost deserves it's own thread too!, hopefully almost sorted)
    Well done! Keep up the pressure and don't let him backslide.
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