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Cannot occupy own property

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Cannot occupy own property

Postby raydona » Tue Jul 04, 2017 10:56 pm

Hello, maybe this is not the right section in which to post my question but I can't think where else to post it.
Mr. and Mrs. Smith (I'm using fictitious names) were joint owners of a property as tenants in common. They have both passed away. Mrs. Smith left her 50% share of the property to her son Mark. Mr. Smith left 80% of his 50% share to his daughter Jane and the other 20% to the person who cared for him in his dying days. There is a dispute between the beneficiaries of Mr. Smith's will. This has been going on for nearly six months, there has been no application for a grant of probate. The relationship between Mark and Jane has broken down.
Mark applied to the Land Registry to have his name on the title deed. However, the Land Registry refused saying that until Mr. Smith's 50% share of the property is resolved nothing can be done. As Mark cannot show ownership via the title deed the court has forced Mark and his family to move out of the property. As the property is not divided into flats he cannot show he is only occupying 50% of the property and not the whole of the property. What options are open to Mark that he can employ to move back into his property? He is having to pay to rent a property while there is a vacant property which he owns but is prevented from occupying!!!!
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Re: Cannot occupy own property

Postby atticus » Wed Jul 05, 2017 6:11 am

Who brought the court action and on what grounds?

These people should take professional legal advice. There may be a basis of a claim to have the property sold and net proceeds divided under the Trusts of Land and Appointment of Trustees Act.
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Re: Cannot occupy own property

Postby Hairyloon » Wed Jul 05, 2017 7:19 am

Can he get a mortgage and buy out the other two?
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Re: Cannot occupy own property

Postby atticus » Wed Jul 05, 2017 9:06 am

The title to this topic is misleading.

There is a lot we do not know (and which it may be wise not to say). There are several people with interests in this property. It appears that there may yet be steps to be taken to transfer some interests from estates of deceased persons to beneficiaries under wills. There may also be other factors such as mortgages and rights of occupation. A share in a beneficial interest (in the proceeds of sale) does not of itself give a right to occupy.

Professional advice should be sought.
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Re: Cannot occupy own property

Postby dls » Thu Jul 06, 2017 5:33 am

An ownership of a 50% share in the proceeds of sale is nothing like a right to live in 50% of the house. It really does not mean that. It is very possible that the rights of occupation may be nil or over the entire property

In tenancies in common, actual rights to occupy the property or any part of it are governed by the terms of the trust settlement. If there is no formal deed, then a court can investigate and declare the rights under the Trusts of Land and Appointment of Trustees Act.

If a party has been labouring under such a fundamental misunderstanding, then a fall out is to be expected. The entire dispute needs to be rolled back. Each party needs to take proper advice on the particulars of situation, and to set out to agree a way forward.

A dispute will swallow the entire value of the property very quickly.

On a very few occasions, the remedy is partition of the property into two separate properties. The remedy is available, but makes sense only if the property layout suggests it.
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