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Property not for sale

edited 26 March 2019 at 5:39PM in Deaths, Funerals & Probate
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  • JJWSJS8700JJWSJS8700 Forumite
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    We know that Chesky....

    That’s why Solicitors’ advise us to make a Declaration of Trust, which many people do not know or understand, how they work or entail.

    Thank you for replying.
  • DCFC79DCFC79 Forumite
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    JJWSJS8700 wrote: »
    Update:

    The Solicitor who made the Declaration of Trust, is not responding to my Solicitor.

    Any update on this OP ?

    Use the quote button as easier to see who your replying too.
  • Keep_pedallingKeep_pedalling Forumite
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    JJWSJS8700 wrote: »
    No, no one else was living at the property, but anyone can provide the funds.

    That is not in dispute at all.

    True, but only the occupant can purchase the property, which is why you were never recorded as a registered owner
  • JJWSJS8700JJWSJS8700 Forumite
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    Thank you for replying.

    Are you a Solicitor, do you understand what a Solicitor advises someone to do when they are investing, do you understand what a Declaration of Trust entails?

    Please understand what a ‘Declaration of Trust is, before harping on about who is and is not the owner.
  • JJWSJS8700JJWSJS8700 Forumite
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    Keep pedalling

    Please kindly see my reply above to you.

    Thank you
  • Keep_pedallingKeep_pedalling Forumite
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    JJWSJS8700 wrote: »
    Thank you for replying.

    Are you a Solicitor, do you understand what a Solicitor advises someone to do when they are investing, do you understand what a Declaration of Trust entails?

    Please understand what a ‘Declaration of Trust is, before harping on about who is and is not the owner.

    No I am not a solicitor, and yes I do know what a DoT entails. I also know what the RTB rules are, and a DoT cannot override those. At the time of purchase your mother was the only person who could purchase her home as she was the sole resident.

    Your mother would also not be able to transfer the property in the first 10 years without the approval of the LA, and even if they did approve it, some of the discount your mother received would need to be paid back if the transfer occurred in the first 5 years.

    You may very well have a case against your solicitor for poor / incorrect advice, but the reality is, as the land registry shows, you can never have been an owner of the property, and the DoT is invalid without the property being held as tenants in common.
  • JJWSJS8700JJWSJS8700 Forumite
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    Keep pedalling

    Thank you for replying.

    There will be many posters on here who have purchased their property from the local authority, and know after 5 years, NO discount has to be paid back.

    The property is then yours, with no conditions, and you can do what you wish ~ whether, rent it out, sell it, or give it away.

    I don’t know what the 10yr condition is, that you mention.

    The property was not transferred to anybody within 5 yrs. The property was not transferred to anybody, ever.

    My Mother did own the property as the sole owner for 17yrs, and would have been the sole owner forever and a day, then when she died it would be passed to me.

    A Declaration of Trust does not have to be registered on Land Registry, certainly not as ‘tenants in common’, as I was not the owner at all, ever, only she was.
  • _shel_shel Forumite
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    JJWSJS8700 wrote: »
    Keep pedalling

    Thank you for replying.

    There will be many posters on here who have purchased their property from the local authority, and know after 5 years, NO discount has to be paid back.

    The property is then yours, with no conditions, and you can do what you wish ~ whether, rent it out, sell it, or give it away.

    I don’t know what the 10yr condition is, that you mention.

    The property was not transferred to anybody within 5 yrs. The property was not transferred to anybody, ever.

    My Mother did own the property as the sole owner for 17yrs, and would have been the sole owner forever and a day, then when she died it would be passed to me.

    A Declaration of Trust does not have to be registered on Land Registry, certainly not as ‘tenants in common’, as I was not the owner at all, ever, only she was.

    https://righttobuy.gov.uk/help/questions-and-answers/

    . Are there any restrictions on selling?
    No, apart from the requirement to pay a proportion of the discount back to the local authority if you sell within the first five years. However, if you sell within the first 10 years, you will have to offer it to either your former landlord or to another social landlord in your area at full market value. If your offer has not been accepted within 8 weeks, you will be free to sell the property on the open market


    7. Can I make a joint application?
    Yes, you can but only certain people are allowed to join an application. If you are eligible, you may be able to buy with:
    – someone who is on the tenancy agreement with you;
    – your spouse or civil partner;
    – up to three family members, who have been living in your home for the 12 months immediately before you make the application. They don’t have to be on the tenancy agreement but it must be their main home
    Don't Buy The S*n
  • JJWSJS8700JJWSJS8700 Forumite
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    Shel

    Thank you for replying and confirming:

    No discount, after 5yrs needs to be repaid.

    The 10yr clause, (which I never knew about, thank you), does not affect our situation, the property was owned outright for nearly 20yrs.

    I was not and did not wish to buy as a joint tenant.

    I was not and did not want to be the owner, during my Mothers’ lifetime, only she was the owner.

    It’s a Declaration of Trust, that I am looking for information on.
  • edited 9 June 2019 at 9:10AM
    Keep_pedallingKeep_pedalling Forumite
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    edited 9 June 2019 at 9:10AM
    JJWSJS8700 wrote: »
    Shel

    Thank you for replying and confirming:

    No discount, after 5yrs needs to be repaid.

    The 10yr clause, (which I never knew about, thank you), does not affect our situation, the property was owned outright for nearly 20yrs.

    I was not and did not wish to buy as a joint tenant.

    I was not and did not want to be the owner, during my Mothers’ lifetime, only she was the owner.

    It’s a Declaration of Trust, that I am looking for information on.

    Thank you for the clarification. You originally said you purchased the property which is where our confusion came in. The deed of trust you had drawn up was to protect your loan, as in the example in the following link. It would not prevent a sale but it would define what rights you had to the proceeds of such a sale. With hindsight the thing to have done would have put a charge on the house once the LA no longer had an interest in it which would have blocked any attempt of a sale without your say so.

    http://www.gosportsolicitors.co.uk/2014/02/607/?doing_wp_cron=1560065662.4021110534667968750000

    You mother could not simply undo the trust, but you only option here is legal action against your bother, your mother’s negligent solicitor or both, but be warned this could drag on for years.

    Is your brother now the registered owner of the house?
    Who is the executor of the estate?
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