Abandoned property, no probate

doodling

Hi,

If there is a will then the house is owned by the executor, effectively in trust for the beneficiaries.  BUT: The role of executor is a voluntary one and there is no requirement to act and no responsibility for anything until they do.

If the exexutor does not want to act (e.g. if the estate is insolvent) then they should step aside (renounce) if someone else wants to, in which case that person would need to obtain "Letters of Administration (with will attached)".

If the executor renounces then  providibg they haven't intermeddled then it is as if they were never the executor.

If there is no will then I don't know who owns it but it is ultimately open to someone to get Letters of Administration.

There is a priority list of who can apply for letters of administration which works its way through various parts of the deceased's family.  If none of those are willing to step up then a creditor with an outstanding claim against the estate can apply to administer as part of their claim.

In summary if the OP has a legal claim against the estate then he could potentially end up administering it but it is not an easy path.  Probably best left to people who are owed significant amounts of money.

Cloudy_day

back garden from our side and outhouse. It's disgusting.

SVaz

There’s a 1930’s semi on a sought after road in my area that’s been abandoned for over 15 years and I feel for the attached neighbours, the borough Council aren’t interested.   The house isn’t registered with the LR. 

There was also a 1970’s semi in my village that ended up being knocked down after the roof collapsed, the neighbour had to pay to sort out the adjoining wall !  The land is now a jungle, why the neighbour didn’t fence it in and claim it I don’t know. 

Cloudy_day

It's not right. I have taken pictures and sending to the council now. It's harbouring rats and thr house is rotten.

sheslookinhot

What is the law on abandoned property in the UK?

Under UK common law, neighbours can file a nuisance lawsuit against the property owner if the abandoned home negatively affects their property or quality of life. If the property is a public health risk, neighbours may also seek action from the local council under the Environmental Protection Act 1990.31 Oct 2024

Sea_Shell

Cloudy_day said:

We bought a semi-detached last year and the attached property is abandoned. A family come from time to time to clear it out, but it's a mess and we get rats. We later found out it's been empty around 10 years, lady died 3 years ago.

I've checked Land Reg and property still registered to lady who passed away. Probate check and no will.

I imagine she left it to the family, possibly to avoid care home fees? I want the LA to force them to sell or move in. I feel there is something strange going on here, anyone have any ideas??
Thanks in advance. 

Those pictures look horrendous.    But, how much has it deteriorated since you moved in a year ago?    It must have already been in a pretty poor state.   

Did you have any reservations about buying next to it?    Did anyone give you reason to think it was going to be sorted out ASAP?    Did you get a good deal on yours, because of the state of next door?

   

GDB2222

sheslookinhot said:

What is the law on abandoned property in the UK?

Under UK common law, neighbours can file a nuisance lawsuit against the property owner if the abandoned home negatively affects their property or quality of life. If the property is a public health risk, neighbours may also seek action from the local council under the Environmental Protection Act 1990.31 Oct 2024

Which aspect of this situation constitutes a nuisance, though? 

Cloudy_day

The health hazard, harbouring vermin. We had a report previously that rats were coming from next door. Council sent Enforcement notice, descendants made a start but stopped again. 

GDB2222

Cloudy_day said:

The health hazard, harbouring vermin. We had a report previously that rats were coming from next door. Council sent Enforcement notice, descendants made a start but stopped again. 

So, they get rid of the rats, which is not that difficult using poison.  Frankly, if the rats were all that was bothering you, I'm sure you could put down poison, which would probably solve the issue and be much cheaper than starting court action.

Then add in that you don't even know who to sue,  as there aren't any executors ...  

Cloudy_day

The rats run between the houses, they aren't in our property so we can't do anything. Ours is sealed but it's pretty gross hearing them scratching through the walls!
I'll get rhe council to clean it and charge the estate. If you can't afford to look after a house, sell it. 
I've offered to help clear it, they stop responding. So council it is.