Re: Adverse possession - daftest question I suppose
- From: AJL <AJL.5100a2e@xxxxxxxxxxxxxxxxx>
- Date: Mon, 5 Oct 2009 17:41:48 +0100
whiskeyomega;690549 Wrote:
It has come to light that I am the owner of a property currently lived
in
by a lady who was the second wife of the husband of the deceased
title
holder of that property ( complicated but thats what it boils down
to).
Aside of the fact there is likely to be one hell of an inheritance tax
/
capital gains tax or whatever bill here ( because nothing was sorted
or
paid on the property over many years and taxes involve two estates and
inheritances - at least), I am hitting another problem. That of the
lady
who is living in the house.
I was told ( not by a legal person but its worrying me and I cant see
my
solicitor until late next week and besides I dont know if its worth
adding
another burden to my bills for this) that the lady in the house could
in
fact claim it as her own by adverse possession because I have allowed
her
( by default because no one knew about this and she didn't do anything
about
it either) to live there for some 14 years since her husbands death
and she
was married to him for a year before that - and he had lived there by
default for six years following the death of the deceased.
Apparently there is a property/ land law that says you can get legal
title
if you keep something for 12 years without the legal owner coming along
to
claim it? Is this true?
If so, could I end up landed with the bill for inheritance tax and the
woman
get the property?
I am probably going to have to sell this house anyway ( and thus throw
her
on the streets) to pay the taxes on it. I hate to do it but its going
to
have to happen .
I don't want to pay a substantial amount out of my own hard earned
here for this tax bill. Maybe that's selfish I dont know.
I am worried to be honest. Legal things never seem to be
straightforward
where property law or inheritance laws are concerned somehow.
The rules for getting registered as the owner of a property like this
are different according to whether title to the property is registered
or unregistered. If it's unregistered then the applicant has to show
that they have possessed and used the property for 12 years. If it's
registered then they can apply after 10 years but the Land Registry
will inform the registered owner of the application who has, I think, a
further 2 years to object. If he objects the claim is dead.
However, the claim must arise from a situation of -adverse- possession.
This means that the person attempting to claim the property must have
been using it without the permission of the owner. He need not actually
be using it against the owners wishes, it just needs to be without his
permission. as no claim on it.
Have you owned this property for the full term she has been there? She
needs to show that she was adversely possessing for 12 years so if
there was ever permission in place by a previous owner then the 12
years starts to run at such point that the possession because adverse.
--
AJL
.
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