# House left to me 4y ago with an exclusive right of residence to a non family member?



## seract (1 Mar 2009)

Not sure how to ask this without rambling but think I need to give a bit of info first.

Aunt died 2yrs ago.Left house to me with a right of residence to a friend of hers who lived with her.

I done all that had to be done in relation to probate, deeds,inheritance tax which I am still paying of at the moment and will be for some time.

Aunt's friend has her own house which she does not live in herself but rents out.We have no relationship with each other and not likely to agree on much.

I myself have to rent a house and also pay back on the loan I took out to pay the inheritance tax on the property she lives in which is a big strain on me in this current climate.Now I know that none of this will change and accept that.

There is a double garage at the side of the house(but not attached) which could be converted into a flat type of accommodation for myself freeing me from paying rent where I now live.As I am hoping to attend collage in sept. this year I need to explore every way to lower my costs.

Now my question is:
Does right of residence just mean the dwelling house or the whole property?

To me it seems it is just the dwelling house that she has a right to live in and everything else is mine to do with as I please.

Here are the paragraphs from the will to which I make this assumption.Any thoughts or advice welcome.

I give devise and bequeath my dwelling house together with all furniture,chattels and contents therein to my nephew (me) absolutely subject to an exclusive right of residence therein of (her) for her lifetime without impeachment for waste.

I give devise and bequeath all the rest residue and remainder of my property wheresoever situate whether real or personal to which I am now or to which I may hereafter become entitled to my nephew (me) absolutely and I appoint him residuary legatee of this my will.


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## dewdrop (1 Mar 2009)

*Re: Right of residence/Question*

I am not a solicitor and my comments are based on what i think is common sense. I cant see why you can not go ahead and do what you say. Obviously you dont want to share living in the house with this lady.  Her age would be a factor in your plans


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## putsch (1 Mar 2009)

*Re: Right of residence/Question*

mmmm good question......as you clearly know since her right of residence is "exclusive" you cannot reside in the house but it seems arguable that you could do what you are seeking. I've never come across it and I'm not sure its clearcut so if she wasn't happy about it you'd probably have problems with her - litigation etc. So it'd be a good idea to try to reach agreement - though hopefully you can get a firm legal opinion first.


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## seract (2 Mar 2009)

*Re: Right of residence/Question*

Thanks for the comments guys.Was thinking about going for some legal advice but not so sure now.It was just a thought but from the response looks like it would not fly.


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## seract (3 Jun 2011)

*House left to me 4y ago with a "exclusive right of residence" to a non family member.*

I own a house which was left to me about 4 years ago with an exclusive right of residence to a non family member. 

This person has been living abroad for the last year. I have no contact with this person and don't know where they are but I keep an eye on the house because it is mine after all. This person is fairly old she could be sick or deceased for all I know.

Have I any right to have a key to the property to check inside as all contents were left to me also? 

Do I have any rights at all ? 

Is there any information I could read to on this subject ?

I am a college student and cannot afford to get legal advice.


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## ballage (10 Jun 2011)

I would think the wording of the other party's right of occupation (i.e. in a will or other legal document) would be important in working out whether you have a right to enter or carry out any works on the property.

 Have you any contact with this person? Unless you have a bad relationship with him/her, I can't see a reason why they wouldn't allow you to maintain the property while it was vacant, it would certainly be in both your interests.

 Ballage


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## rockofages (11 Jun 2011)

If it's your property so you are entitled to a key.

Your local Citizen Information office will have a solicitor in, usually once a month, who will give free legal advice.


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## seract (11 Jun 2011)

Thanks for the reply guys. I would not have had much contact with the person over the years and none since we sorted out the will. If I said she was a bit eccentric that would be putting it mildly. I have a friend that lives across the road and he said the curtains have not been pulled in 4 years.
 Someone comes and cuts the grass but I have no idea if they have a key to get inside so I suppose the house is not been neglected.

rockofages you say if it's my property I am entitled to a key. Do you know this for a fact or is it an opinion.


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## spreadsheet (12 Jun 2011)

Do this person pay you rent?
Do you pay the second home tax on the property?
Just wondering are you acting as a landlord for all the normal landlord activities, because landlord rights are very clear cut regarding entry to the property.


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## onq (12 Jun 2011)

+1 what spreadsheet and the other posters have advised.

Property comes with a lot of responsibility for a "poor struggling student".
You may have to insure it, repair it, secure it and clean it up after a tenancy has expired.

In the present case the situation sounds iffy.
Impose the responsibilities of a landlord on a family member who on the face of the post above has littler or no clue about property, and the duties arise from a property from which they appear to derive no income?

===========================================

You need to establish your status, secure your position and understand your responsibilities.

1. Determine that your ownership of the property has been transferred in law. 


 How do you know its yours?
Was there a will?
Has probate been completed?
 Get confirmation that you are now the registered owner.
Up until this point you may be labouring under some misapprehension.

2. Determine whether a schedule of condition, inventory of contents and photographic record of the property was made at the time of transfer of ownership.

3. Determine the exact terms of the ongoing tenancy and the reasons for it. 

Its very unusual to let people stay in a house rent free although I know of one or two kind-hearted souls who have done so.
In your situation, property costs money to upkeep and maintain and unless the tenant is obliged to do this you will have to do it.
If you are obliged to do this under a formal tenant agreement, see if the costs can be re-imbursed from the tenant or at least shared.
If there is no formal agreement  in place then be careful allowing anyone to establish rights on then property by allowing them to maintain it.

===========================================
 You may need to take legal advice at this point to ensure that the tenant and their extended family are not putting in place conditions for an adverse possession of your property.
===========================================

 4. Discover if the incumbent is paying rent into an account - this may be your money - if its someone elses, you need to talk to them about your responsibilities and costs as a landlord.
However, if you are the owner and are getting paid money, whether you know it or not, this effectively you may be a landlord and may have duties and responsibilities towards the property, the tenant and your status. 
I don't know the exact definition, but I'm sure it centres on something like "a person or company who is derives a rental income or lease payments from a property". 

5. You are obliged to register as a Landlord AFAICR.

6. Here are some links you may find information and/or useful links. 

http://www.irishlandlord.com/ 

First Time Landlord? 
http://www.irishlandlord.com/index.aspx?page=infocentre_article_view&id=34 

Private Residential Tenancies Board PRTB Explained 
http://www.irishlandlord.com/index.aspx?page=faq&answer=16

Hope this helps.

ONQ.

            All advice on AAM is remote from the situation and cannot be                  relied                      upon                                                                                                                               as   a                 defence       or                       support    -            in               and       of                           itself     -                                 should                                 legal                               action                      be                                taken.
            Competent legal and building professionals should be asked    to                        advise        in                                                                                                                                      Real          Life          with                   rights         to                      inspect             and                         issue                              reports               on                    the                                              matters              at                                hand.


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## Padraigb (12 Jun 2011)

Let's no go over the top on this: a right of residence is not a tenancy.

OP, if the will under which the property was left to you has been probated by a solicitor, then it seems reasonable that you ask that solicitor to clarify for you what exactly your inheritance is. That clarification should include telling you the terms of the right of residence that has been granted.

There might be a question to ask about a right of residence if it is not being exercised. For that, even if you have only the resources of the typical student, you would need professional advice.


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## ajapale (12 Jun 2011)

Padraigb said:


> ....For that, even if you have only the resources of the typical student, you would need professional advice.



Yes, you really need to protect your interests by engaging solicitor with competence in this area.


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## onq (12 Jun 2011)

Deep waters...

http://www.revenue.ie/en/tax/cat/guide/rights-of-residence.html


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## seract (12 Jun 2011)

Just to clarify my situation guys. 
The deeds of the house have been in my name for 3 years now,all inheritance tax and other debts paid to the government.

This is not a landlord tenant situation and although I own the house I neither get or am entitled to any rent.

 I am a poor struggling mature student who is still paying off the loans taken out to pay the inheritance tax.

 I don't own any other house although I am renting the one I live in so I wouldn't think  second home tax applies but I could be wrong on that.

I know I should get professional advice but I just thought maybe someone might have known what rights I would have as the owner. It's a bit of a unusual situation but thanks for the replies.


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## PaddyBloggit (12 Jun 2011)

seract said:


> I don't own any other house although I am renting the one I live in so I wouldn't think  second home tax applies but I could be wrong on that.



I reckon you're wrong about that.

The property isn't your principal residence so you are liable to pay the NPPR .... and fines if you don't pay on time or let the payment fall into arrears.

From https://www.nppr.ie/

_"_[FONT=&quot]_Essentially,  a non principal private residence is any dwelling which is not used by  its owner as his or her sole or main residence."_
[/FONT]


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## jhegarty (12 Jun 2011)

NPPR will apply as this person is not a relative.


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## Padraigb (12 Jun 2011)

The NPPR is arguable, as OP has not yet got possession of the property. The legislation is unclear on the point. It's probably wise to contact the Department of the Environment to discuss the question.


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## PaddyBloggit (12 Jun 2011)

But he is the owner so I reckon he'll be liable for NPPR.

As you say the Dept. of the Env. will clarify things for him.


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## csirl (13 Jun 2011)

The principal thing you need to clear up is the exact terms of the right of residency i.e. what exactly was said in the Will. You need to establish the position re: the following:

1. Right of residency doesnt necessarily mean that the person with it is the sole occupant of the property. It may simply be that you can set aside a bedroom for them and rent out the other bedrooms in the property. Generally speaking, the rights tend to extend arrangements that existed before the owner died. In this case, was the person the sole occupant before the owner died? Or were they simply lodgers?

2. How long the right lasts for. Can the person dissappear to the other side of the world for 50 years and then return and demand to live in the property? Or is it that the right of residency lasts only so long as they are in permanent residence. If it is the latter and the person has been away for more than a year, then you could take it that they are no longer permanent reisdents and so have given up the right. 

3. Usually with a right of residence, if the person holding the right is not currently exercising it, the property owner can do what they want with the property i.e. live in it themselves or rent it out to someone else. You need to clarify that this is the case.


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## Bronte (15 Jun 2011)

Your first port of call is back to your solicitor to clarify exactly what type of residency exists. 

Can't remember fully, but a right to live is like an ownership for the person living there, and they must act as an owner would. It's like an ownership in it's own right. And you would have no rights until the person dies. But clarify it with professional advice.


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## jhegarty (15 Jun 2011)

Might be worth having someone look at the inheritance tax you paid too.

I presume the open market value of house that comes with a lifetime tenant that pays no rent would be close to nothing.


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## mf1 (15 Jun 2011)

http://www.revenue.ie/en/tax/cat/guide/rights-of-residence.html


mf


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## seract (16 Jun 2011)

This is the exact wording in the will.

 I give devise and bequeath my dwelling house together with all  furniture,chattels and contents therein to my nephew X (me) absolutely  subject to an exclusive right of residence therein of Y (other person) for her  lifetime without impeachment for waste.

At the time the solicitor dealing with the probate of the will told me that the above meant I basically had no rights, effectively Y owned the house until she died. This was not my solicitor but the solicitor who drew up the will with my aunt. Y had lived with my aunt for over 30 years mostly abroad and she would have been present when the will was made so I'd assume this was worded effectively.

As I said before I have not seen or heard anything from Y for over a year now. I must stress I am not trying to remove Y just wondering if what I was told by the solicitor is correct in regards having no rights.


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## Nige (16 Jun 2011)

For the purposes of the NPPR, an owner is defined as:



> “owner” means, in relation to a residential property, a person (other
> than a mortgagee not in possession) who, whether in that person’s
> own right or as trustee or agent for any other person, is entitled to
> receive the rent of the property or, where the property is not let,​would be so entitled if it were so let;


.

So the question here is, if the house was let out now, while the life tenant is alive, who would get the rent, the person with the right of residency or the OP.


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## Padraigb (16 Jun 2011)

I think the wording in the will makes your aunt's intentions very clear. Your rights, while Y is still living, are close to zero.

Google on "without impeachment for waste" and you will find that so long as Y refrains from positive destruction of the property, you have no right to interfere. She can neglect it, and you can do nothing about it. The fact that somebody cuts the grass (presumably at her behest) indicates two things:
1. She is not following a course of wanton destruction.
2. She is still alive.

As Y is elderly, it would be in your interest to have a way of knowing if she dies. In your position, I would try to make contact with the person who maintains the garden to see if you can open a channel -- not necessarily to communicate with her, but simply to have some possibility of knowing if she dies.


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## ballage (16 Jun 2011)

It would be imperative for you to remain in contact with this person even if she isn't living in the house.

  If someone is cutting the grass there I would want to be sure that it isn't someone just chancing they're arm in an attempt to gain some sort of adverse possession.


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## Purple (16 Jun 2011)

Excellent advice on this thread, especially from ONQ.
Has the OP followed it (or read this thread)?


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## ajapale (16 Jun 2011)

Recent post merged with identical question posed by the OP in 2009.


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## ajapale (16 Jun 2011)

OP you need to consult your solicitor. 

Have you read the replies to this and your similar post in 2009?


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## WizardDr (4 Jul 2011)

seract - cut to the chase and go to FLAC. You have raised a number of issues and it would take time to go through them.


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## ajapale (4 Jul 2011)

WizardDr said:


> seract - cut to the chase and go to FLAC.


Do FLAC provide help in cases like this?


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