The property is a rented one. The tenant has lived there for over 30 years, and the 'landlord' died last year. His widow wanted to sell the property but the deeds cannot be found, and there are no other documents to prove ownership. The widow has informed the tenant that her solicitor has advised that rent can no longer be collected as ownership cannot be proved. In return, any repairs cannot be carried out. The tenant is in a quandry, and maybe squatters rights can apply here.
2006-11-27 05:12:51 · 5 answers · asked by JH 1 in Politics & Government ➔ Law & Ethics
It is extremley likely that the property is registered and the fact the title deeds are lost is meaningless, your solicitor can do a search of the land registry and find out. Since in the beginning of the 70s alot of things triggered first registration, so i really doubt its unregistered.
You have to apply for adverse possession, but its likely that widow was a joint owner and now owns, so if she can't find the deed if unregistered lets say, you have go through 10 years from now before you can apply for adverse possession which gives the legal owner 2 years to respond, if there is no response only then could you become the registered proprietor.
(adverse possession aka squatters rights)
if the property really is unregistered its just way to risky to try to sell without knowing what the encumnrances are or who the owner is, so even if you got it free it will be some 12 years after where you could market the property.
2006-11-29 03:26:53 · answer #1 · answered by logicalawyer 3 · 0⤊ 0⤋
Presumably the widow is taking advice about having the land registered. http://www.landregistry.gov.uk/register_dev/voluntary/ Presumably it wasn't registered before or there wouldn't be a problem now.
The tenant cannot establish adverse title to the property because paying rent up to the death of the landlord is inconsistent with asserting rights of ownership.
What a mess! I do hope that it can be sorted out.
2006-11-27 09:03:06 · answer #2 · answered by Doethineb 7 · 0⤊ 0⤋
The original Deed should be on file with the County Auditor, Recorder, or Assessor.... depending on the state. Ownership can only be changed by the presentation and filing of a quit claim deed, assigning a new owner. Whoever is the owner of record as filed with the county is the true owner.
2006-11-27 05:24:56 · answer #3 · answered by Gunny T 6 · 0⤊ 0⤋
the land registry must have a copy of this can take some time though and im afraid that the government becomes ower of this i think i saw a case like this on that buying your house at auction program thats on tv sometime the local council can help and was there a will? maybe its in that hope this helps
2006-11-27 05:16:22 · answer #4 · answered by julie t 5 · 0⤊ 0⤋
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2016-11-27 01:50:35 · answer #5 · answered by Anonymous · 0⤊ 0⤋