millertime
Registered User
- Messages
- 232
Thanks mfi,
but could the op's father not claim adverse possession against the siblings and their claim to the estate, not against his father's estate? After all he was in possession of the land to their exclusion, not that of his late father. I just find it strange, isn't this why AP was legislated for in the first place so that estates and land don't end up in this sort of situation.
Your father has a good claim for adverse possession under Section 49 of the registration of title act if he has been in sole benefical occupation of the land for 35 years without paying rent or otherwise acknowledging the right of any other person to a benefical interest in the property. I presume the application has been made and his brother was served with a notice by the land registry and has objected. Unless the brother can come up with some fairly serious evidence that he has an interest in the property such as correspondance from your father acknowledging his interest then the land registry will dismiss his objection if all other proofs have been dealt with. The land registry serves the notices after it has investigated the application and decided that it is valid. To correct Mf1 a grant of administration would not be necessary in a S49 application.
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?