Land Registration/Inheritance

[Handywiz]

I have a couple of questions that I hope someone can give me some guidance on:

My father inherited property about 60 years ago - he is now in his eighties. He left his mother living in the house but she died about 30 years ago and no-one has lived on the property since. There is no problem with my father's right of ownership although it is not registered to him. He is currently undertaking that process which to date has taken about 11 years!!!
My father lives in the UK and has done so for about 60 years. When my mother died 2 years ago, I suggested that he change solicitors, which he has done.

About 8 years ago, a person submitted a claim on a 5 acre field of the property - they claimed that they had used the land for small crops. This claim has turned out to be totally false as I suggested that my father's solicitor actually go out and have a look at the land in question (another neighbour had told my father that nothing had been done up there).

I believe that my father should continue with his claim for the whole of the property including the portion being contested. He has been advised that the Land Registry will probably not make a decision (on the 5 acres) and that in order to obtain registration of the contested parcel, he would have to go to court.

Can anyone advise if this is the case? it seems to be a bit vague, surely the Land Registry has guidelines? It seems to me that adverse possession only kicks in after 12 years of use - this person only put in their claim 8 years or so ago (their house was only built in 1998) and their claim of use has been proved false by someone actually going out to check.

Secondly, I intend to relocate to Ireland soon, rebuild the house and begin to farm the land. My father intends to join me there as he wants to return home. My father has agreed to put the property into our joint names as joint tenants. I have a sister who wants nothing to do with the property. I will be putting money and work into this property and that is why I have insisted that my father put it into our joint names. I am assuming that this will have to wait until the property is registered?

My father will not make a will (rather, he has promised that he will, but keeps making excuses). I know that the property will come to me on his death (if it is in joint names) but will I be up for inheritance tax or capital gains tax? If I were a surviving spouse, my understanding is that none of these taxes would be applicable but what is the situation where father and daughter are joint tenants?

Any experience/advice would be much appreciated.

 

[MOB]

In adverse possession cases, the Land Registry will register a title where:

1. The facts support the claim and
2. The facts are not in dispute.

If there are facts in dispute, the Land Registry will not adjudicate in the sense of making a decision as to who is telling the truth. On occasion, I have seen them reject objections to adverse possession applications, but usually where those objections consisted of assertions which very clearly lacked any basis in fact. In your case, there is, it appears, what the lawyers call a 'swearing match' and I doubt that the Land Registry will make a finding - so a trip to court seems on the cards.

I should also say that many people of your father's generation would be poor at producing documentary evidence of possession or acts of ownership. If he was absent for the last 60 years, then he presumably had the land set to someone. If he had a written lease and evidence of getting the rent, he would be in a very strong position. Unfortunately, many such leases are oral, and their existence may be unsupported by records.

Some possible sources of documentary evidence:
1. Aerial photographs, which would show crops (or their absence). These can be got from the Ordnance Survey.
2. Area Aid records;

 

[csirl]

The onus of proof in adverse possession is on the person claiming it, not the owner.

 

[Pulped]

You say that the person submitted a claim eight years ago on the 5 acres. To my mind that means that they could possibly have been using the land for the past twenty years, that is if they waited twelve years before submitting an adverse possession claim. It is also conceivable that they stopped farming the land after the twelve years hence the lack of activity on the land when your father's solicitor went to inspect it. You make mention of a house being built in 1998, if that is the case then it seems that they are quite close to twelve years of use as it is.

On the question of inheriting the land as a joint tenant; if your father dies then your sister would gain half of his estate, presuming you have no other siblings. I'm open to correction on this but it could mean that your sister would get a quarter of the property in question. (half of his half)