# 'Right of Residence' on a property: rights and responsibilities for both parties?



## SandraD

If someone has a 'Right of Residence' on a property what rights does it give them and what responsiblities does the the person giving that right have to the persons living in the property ?

I have searched and googled this and cant find anything

Can the persons with Right of residence have other people move in to the property or use the address ?

Can they make alterations to it ?

Does granting right of residence mean that the person granting it have to provide heating/insurance etc free of charge ?


----------



## shootingstar

*Re: Right of residence - what are rights?*



SandraD said:


> If someone has a 'Right of Residence' on a property what rights does it give them and what responsiblities does the the person giving that right have to the persons living in the property ?
> I have searched and googled this and cant find anything
> 
> Can the persons with Right of residence have other people move in to the property or use the address ?
> Can they make alterations to it ?
> Does granting right of residence mean that the person granting it have to provide heating/insurance etc free of charge ?


Hi Sandra

My father has right of residence. this is my input...

A person with ROR can NEVER be removed from the property
They can live their till their dying day.
They can only move another person in on the say so of the owner of the property. 
They need permission from the owner to make any structural changes.
I cant answer your heating query as im not very sure. i _think _the person with ROR is not oblidged to pay anything towards the costing of installation but if they want to use it then they obviously pay for their usage.


----------



## ClubMan

*Re: Right of residence - what are rights?*

Any use?


----------



## SandraD

*Re: Right of residence - what are rights?*

Thanks Clubman but no.   I had a read but am more interested in the rights of both parties.

I know that right of residence means that the person stays there for life but its what happens between those years. If the right of residence is signed over, will the person signing it over be liable for all their bills and what if they decide to move someone else in etc


----------



## Vanilla

*Re: Right of residence - what are rights?*



SandraD said:


> Thanks Clubman but no.  I had a read but am more interested in the rights of both parties.
> I know that right of residence means that the person stays there for life but its what happens between those years. If the right of residence is signed over, will the person signing it over be liable for all their bills and what if they decide to move someone else in etc


 
It all depends on the circumstances. If nothing is explicit a court can imply terms. If the right is not yet granted here is your opportunity to make all these terms explicit. If the right has already been granted then as I said I believe it will depend on the circumstances. Is it a spouse, child, someone with a disability. Is it an exclusive right of residence or not. Is it granted in conjunction with a right of maintenance etc

Remember our courts are common law not civil so do not have to follow a strict precedent or code of law.


----------



## SandraD

*Re: Right of residence - what are rights?*

Its for my parents and they are already living in the granny flat but I am worried because I have just found out that they are letting my brother (who I dont get on with) use my address to claim social welfare , he lives with his partner and kids. Also checking the draft register of electors and he is there at my house
I have asked my psrents to tell him not to use my address but was told that its none of my business who they let stay 'in their flat' 
I am worried that if I sign, my brother will somehow have a claim on my house


----------



## Vanilla

*Re: Right of residence - what are rights?*

Why do you want to grant a right of residence? Do you own the house? What happened to your parent's own house? Did they contribute financially to your house? Is there already an unwritten agreement between you?


----------



## SandraD

Yes its my house but they built the granny flat. They sold their own house  and live on the proceeds. Shortly after they moved in my marriage broke up and I eventually bought my ex out of the house.
When the granny flat was built there was no mention of a right of residence, in fact I had never heard the expression before. But after I bought my ex out, I got a letter from their solicitor seeking a right of residence. I had no problem with this as I know they are worried that their home would be in danger if I had financial difficulty etc but there are now problems with my brother using my address.
I dont know where this leaves me legally and I am reluctant to contact my own solicitor again as I am still paying off a loan I had to take out for my legal fees after the separation


----------



## ramble

Do your parents have an exclusive right to live in the granny flat, that is can they exclude you from this portion or do they have a general right of residence in your house but choose to occupy the flat ?  The answer to this may determine whether your brother is allowed to stay with them. Unfortunately this area is complex and without co-operation between the parties involved can be a complete nightmare.  If you do not want to fall out with your parents it might be best to leave well enough alone.  If your brother wants to be dishonest there is not much you can do about it unless you are prepared to report him to the relevant authorities.


----------



## SandraD

It is starting to turn into a nightmare alright.
The granny flat is built on to the side of the house and they have their own hall door but apart from the problem with my brother, they have blocked off my side entrance with 2 gates, one at each end of their flat which lock from the inside. I cant even get my bin out so they put it out for me. I had a problem recently where I couldnt let the guy delivering the oil into the garden because they were out and I had no access.

They also refuse to pay anything towards the oil heating, NTL, house and contents insurance etc. I am not exactly well off as I am now a single mom with a huge mortgage

A while ago, they let another brother leave a banger of a car that he was selling in my driveway for months. When I asked him to take it out of my driveway, they didnt speak to me for weeks  

I can get over the 'little' things but I dont want in years to come to find out that my brother has moved in and I cant get him out


----------



## Bronte

I'm not trying to be hard, but you really need to deal with your parents and not your brothers as it is they that are causing the problems to you.  You don't even have access to your own garden - how did they have the right to block off your access to it?  If you didn't sign/give them the right to put up gates I'd be getting them demolished.  In any case if it's a situation of you allowing them to build on your property the very least they can do is give you a key to the gates.


----------



## SandraD

Bronte said:


> I'm not trying to be hard, but you really need to deal with your parents and not your brothers as it is they that are causing the problems to you.


 
I know Bronte and thats why I am worried, they act as if they own the whole place
They even cut down a beautiful tree that was in, what was originally my side garden, the part that they have blocked off. The first I knew about it was when my brothers came with a chainsaw. 
I am usually an easy going person and because they are my parents I tend to just overlook things that really annoy me just for a quiet life


----------



## csirl

I think your parents are taking the p.... 

Regardless of wha right of residence they have, it is still your house - your name is on the deeds. You should not tolerate any illegal or dishonest behaviours such as SW scams, electoral register fraud etc. 

Its a delicate situation because they are your parents - but you need to talk to them and convey to them that you've been through a lot in recent years and dont want the hastle of SW investigations into your address and the associated accusations or any other hastles. Any upset in your house will also hurt your child - their grandchild.

As previous poster said, you need to deal with your parents, however, I would also deal with your brother directly - he has to take responsibility for his own actions and he may be putting undue pressure on your parents. If I were you, I would take your brother aside quietly, tell him you know about the SW stuff etc and tell him that he has 1 month to regularise his situation with SW etc. or YOU will report him. Tell him you will not stand for people using your address for fraud full stop. He's an adult and needs to take responsibility for his own actions. If he doesnt do anything, you must report him.


----------



## sam h

I think you need to make it clear what the agreement was with your parents: did you sell them the land or just let them build their place with no consideration?  Have you legally arranged for them to be the owners of a certain part of the land....if not I can't see how they can legally erect fences & cut down your trees?

When they buit their place, did they not get a separate ESB, NTL supply etc?  Can you get these things separated at this stage?  Your parents can hardly expect you to pay for all of their living costs if they have funds available (as you seem to indicate they do)

I can appriciate your funds are low after the separation, but it may be worth getting this sorted out properly at this stage as I reckon your biggest concern is that your parents will pass away and your brother be left the house.


----------



## MOB

For goodness sake go to a solicitor.   If you can't afford to pay now, make an instalment arrangement with the solicitor.  No decent solicitor will see you stuck for advice at a time when you clearly need it.   

I can understand your misgivings about a signing a form to grant a right of residence;  however, by doing so, you are effectively cutting off (or at a minimum greatly reducing) the possibility of your parents (or their heirs) claiming some greater interest.  If your parents acknowledge that their entitlement is properly expressed as being a right of residence, then they would have huge (virtually insurmountable) difficulty claiming a greater interest later.  On the other hand, if you refuse to grant a right of residence, then your parent's current status could (years later) be argued to have been a form of squatting - which has far more serious consequences.

Please do not rely on the foregoing observations, which are not intended to be comprehensive (but are intended to scare you into getting proper advice, which you clearly need)


----------



## Stifster

You can't be a squatter where the owner knows and acknowledges that you are there.

Is the RoR signed or still waiting to be signed? You need to get this sorted asap, as your solicitor was paid the last time, he or she should be prepare to work for you again.


----------



## SandraD

Thank you all so much for your replies, discussing it here has really helped me to see things a little clearer

I have thought long and hard about this ............ I must have got about an hours sleep last night   ........ and have decided that I am going to see my solicitor again and will think about the fees later

I will come back and let you know what happens


----------



## OH1

*Right of Residence, can a family member claim it?*

My Father passed away recently and although my Mother is alive, she is in a nursing home and suffering from Alzheimers. My parents made theirs wills a number of years ago and appointed both myself and another brother as executors. There were two other brothers living in the family home, one was granted 'right of residence' for life and the other was granted 'right of residence' in a wooden chalet on the property. The brother who lived in the chalet moved out to live with a girlfriend the day my Father passed away and has not lived there since. My brothers are both claiming social welfare as is the brother's girlfriend. I discovered that he is still claiming to be living in the family home as he doesn't want his girlfriend to loose some of her benefits. My Mother's nursing care is part of the 'Fair Deal' scheme and when she dies, the loan will have to be repaid. I know I can defer the loan and the house would not have to be sold as my brother is on long-term disability benefit (he has mental health problems) but other family members may put pressure on him to aggree to sell the house and my other brother has threatened that he will move back into the home unless it is sold when my Mother passes away. I have a feeling that my brother will bow to pressure or be convinced by the money to agree. He thinks that SW would have to help him find alternative accommodation. I think he is better where he is as it's the only home he's ever known and his mind is very fragile. Also if the house is sold would my brother be entitled to a larger share of the proceeds from the sale because of ROR and would my other brother have a larger claim on the property depending on the number of years he supposedly 'lived' there?


----------



## WizardDr

@OH1 - this is complex. 1. Forget about what brother and girlfriend are or are not claiming - leave it. 2. What does will provide for in the event of death. Is it a sale or equal shares or what. 3. The rights of residence cease from what you have said on death of whomever they were granted to or when they renounce. So that sale cant happen until the right of residence ceases I think. 4. A 'child' can always calim that they were not adequately provided for under s117 Succession Act 1965, and the estate has to pay legal costs. H/ever having a right of residence would mean they got a benefot when the rest did not. 5. Have a family council and see if there is any agreed position and avoid the lawyers at this stage. 6. yes the other brother (no less than yourself) could make the argument that you were not adequately provided for. 7. Whats the total value of the potential estate - thats where you start. Any legal fees and rows will deplete this and all will end up with nothing. 8. Er calmness should prevail.


----------



## OH1

My two brothers have rights of residence, one in the house for life and the other in the chalet (only) and the rest of the estate in equal shares. Is there a calculation for working out what a ROR is worth and as the other brother's ROR is only in the chalet, is it worth something? I wish I could convince my brother to stay where he is and not sell for his sake but if I can't do that, I at least want to know he's getting his fair share. House is the only asset, worth approx. £170K minus 5% per annum for nursing home, and I have 6 siblings, won't amount to much!! Thanks for your help.


----------



## dereko1969

Am I missing something? Your parents decided that one of your brothers was to have right of residence for life in the family home. He's not dead so surely there is no question of him being asked to move, end of story. 

Your role as executor is to carry out the wishes expressed in the will which means leaving the brother in the family home until he dies or leaves of his own accord.


----------



## WizardDr

@OH1 - If both these siblings have a ROR for life, then it is on their passing that the rest of you share, so until that happens nobody gets anything. It seems possible that X and Y could renounce their respective life interests and any other interests (eg Y has chalet and dies - X presumably then has a share in the chalet) in return for €xxx for X and €yyy for Y. Clearly if the settlement and the legal fees approach €170k why would any of the siblings agree etc.

I think the value needs to be set by the Group.

If the family agree (and thats the crunch) ..then seek legal advice as to whether it can be implemented ..there could be tax issues.


----------



## neon

I am separated from my ex 2 years now.  The home we lived in has a right of residence for his sister.  The sister lives in the granny flat onto the house with its own entrance. there is an emergency door from the main house to the flat but used only in emergencies.  However, my problem is that he remains in the house but cannot afford the full mortgage and I can't afford to pay anything towards the mortgage as I have to now live in rented accommodation and barely making ends meet.  There are no children involved in this marriage and this was family home before we both took it over and deeds are in both our names.  He can't afford to buy me out!!! how does one get around this! I do plan on going to a solicitor but just to have some idea for myself before hand would be much appreciated. thanks


----------



## mf1

It is quite likely that your lending institution  required the sister to "postpone" her right of residence so that in the event of default, the mortgage could be enforced. 

I have come across some cases recently where it seems that the only way to deal with matters  is to ask the lender to repossess (if agreement can be reached with all parties) or issue proceedings to repossess where one or some of the parties is burying their head in the sand. Most of the main stream lenders are reluctant to take action - they want money, not the repossessed house so the problem simply escalates. 


mf


----------



## Bronte

Neon is the bank not writing too you about the fact that the mortgage is not being fully paid, have they not threatened to repossess?


----------

