House has been transferred between generations 'informally' - next steps?

getmore4less

...The son and his wife died some 15 years ago, leaving behind two middle-aged sons...

An alternative approach may be to look at adverse possession if they have had exclusive use of the property for 15 years.

IF possible this won't solve the short term problem of getting it sold, but may be quicker than trying to trace the real owners.

AdrianC

paddyz wrote: »

I would have been thought the social word would have already questioned this when they did a financial assessment for care for both the sons

Indeed, this is a very good point. If the trail of probate and intestacy takes the property ownership to them, their care needs will almost certainly take precedence.

MobileSaver

getmore4less wrote: »

An alternative approach may be to look at adverse possession if they have had exclusive use of the property for 15 years.

As they had an informal agreement (i.e. permission) to live there either by the owner or beneficiaries of the owner's estate, any adverse possession claim would fail at the first hurdle.

getmore4less

MobileSaver wrote: »

As they had an informal agreement (i.e. permission) to live there either by the owner or beneficiaries of the owner's estate, any adverse possession claim would fail at the first hurdle.

They continued to live there after the mother died, even though the house was never formally passed to them, since it was 'understood' by the family that the mother had given the house to her son.

As the other potential owners don't think they own the place as they believe it was gifted to one son they did not give given permission as if they were an owner.

MobileSaver

getmore4less wrote: »

As the other potential owners don't think they own the place as they believe it was gifted to one son they did not give given permission as if they were an owner.

The son it was gifted to (the beneficial owner) is the father of the two sons who lived there who now need care; no-one is going to believe they didn't have permission from the beneficial owner (their father.)

AdrianC

MobileSaver wrote: »

The son it was gifted to (the beneficial owner) is the father of the two sons who lived there who now need care; no-one is going to believe they didn't have permission from the beneficial owner (their father.)

That's where things are going to get itchy, if there's no paperwork.

Did that father leave a will?

If not, and there's no paperwork supporting the claim of a gift, then intestacy would put the ownership to the sons.

MobileSaver

AdrianC wrote: »

Did that father leave a will? If not, and there's no paperwork supporting the claim of a gift, then intestacy would put the ownership to the sons.

Agreed, the assumption is that there is no will otherwise the agreement for the son/sons to live there wouldn't be "informal."

Mojisola

Bossypants wrote: »

They have been to the house and searched it for anything in the way of deeds or other paperwork, but found nothing.

It's possible that the deeds are with whichever solicitor the grandparents used.

getmore4less

MobileSaver wrote: »

The son it was gifted to (the beneficial owner) is the father of the two sons who lived there who now need care; no-one is going to believe they didn't have permission from the beneficial owner (their father.)

thats not what the OP says,

they were invited to move in.....


there is only an assumption it was gifted.

da_rule

getmore4less wrote: »

An alternative approach may be to look at adverse possession if they have had exclusive use of the property for 15 years.

IF possible this won't solve the short term problem of getting it sold, but may be quicker than trying to trace the real owners.

Adverse possession wouldn’t work as they are not trespassers. The moment you are given permission to occupy land you can no longer adversely possess it.