Transfer of property

A

A11

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A number of years ago a friends husband signed a form of transfer for a site to his son. Sadly, the friends husband has passed away. The lands are now being put into his wife's name. It turns out that the site in question was not his in the first place to transfer. The site was put up as security for a loan.

Can the site transfer now go ahead given that my friends husband was not the owner?
 
I find this very confusing. It's a bit like "that man's father is my father's son" . There are "lands" and a "site" ? Are they the same?

Is your friend's husband's wife, not your friend?

Call them Mr A; Mrs A and Young A

Is this correct?

Mr A owned a farm.
Mr A gave the farm as security to the bank
They want to transfer the farm to Mrs A.

They can't do that until they pay off the loan to the bank. Mr A can't leave his assets in his estate without paying off his liabilities first.

Mr A signed a form to transfer a site on that farm to Young A
I doubt if that would have any validity if it was not registered publicly. Otherwise, anyone could transfer their assets to anyone else, but give them as security at the same time.

You could write a song about it


Brothers and sisters I have none,
But my friend's wife's site belongs to the bank.
And not to his son.
 
Mr.A owned the farm (registered in his sole name,). He gave his son a site from the farm roughly 4 years ago. The son gave the site as security for a loan. The site was in the process of being transferred last year but it turns out that the piece of ground (i.e the site) forms part of someone else's property.

Can the transfer now go ahead if: a. the party that actually owns the property agrees and, b. Mr.A has now passed away?
 
This is still quite unclear I'm afraid. If the owner of the lands wants to transfer them to someone then, on the face of it, he/she can.

But it sounds very complicated - how can the son have mortgaged something he didn't own? Why is it now to go to the wife if in fact the son was to have it?

Seriously needs legal advice based on all the facts and copies of deeds, maps etc - not one for a message board.
 
Mr A gave away a site he did not own to Young A.

How did a solicitor allow this to go through?

Your story makes no sense at all. I don't think that you are hearing the full story.

If the property was registered in Mr A's sole name, then surely he was the owner of it? I don't understand "the piece of ground (i.e the site) forms part of someone else's property."

Was it a map reading error?

Brendan
 
Brendan Burgess said:
Mr A gave away a site he did not own to Young A.

How did a solicitor allow this to go through?

Your story makes no sense at all. I don't think that you are hearing the full story.

If the property was registered in Mr A's sole name, then surely he was the owner of it? I don't understand "the piece of ground (i.e the site) forms part of someone else's property."

Was it a map reading error?

Brendan
Click to expand...

This is not entirely uncommon. People do forget to deal with property (e.g. they have 2 folios, but only transfer one, maps read incorrectly, mix up folio numbers).

Basically the owner of the property will have to transfer it to Young A. Whether Mr A is alive or not is irrelevant.

A separate issue arises over the mortgage, as it was presumably signed a number of years ago when Young A had no legal interest in the property. A new deed of charge will probably be required.
 
A11 said:
The son gave the site as security for a loan. The site was in the process of being transferred last year but it turns out that the piece of ground (i.e the site) forms part of someone else's property.
Click to expand...

Well then there is no security for the loan. Very strange, unless the solicitor dealing with the loan 'certified' the title somehow, believing the transfer was ok and would go ahead.

Other than the site, did the son build on the site?

Sounds like a mapping issue if this has come to light now. But I imagine Mr. A was in possession of the site, even if not on title, and therefore adverse possession comes into play.

A11 has your solicitor not explained what the situation is? That is what you are paying him for. Why was the transfer only being done last year if the Dad gave the site to his son 4 years ago?

Even if it turns out the bank has no security, the loan still exists and has to be repaid.
 
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