H
Handywiz
Guest
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.
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.