name on deeds

S

success

Registered User
Messages
25
hi just want to see if anyone knew of this situation and what position legally my fil is in.

my fil has his name on the deeds of a house which his brother lives in. the brother own 2/3 and my fil 1/3. someone advised me yesterday that because his brother is living in house for last 20 years that if you are living in the house more than 12 years, the ownership of the house automatically goes to his brother, surely that couldn't be right if his name is on the deeds? can anyone shed any light?

many thanks.
 
You got bad advice, but it was headed in the right sort of direction.

It's a lot more complicated than that. The basic principle is that if someone is is in ADVERSE possession of a property against the interest of the true owner for over 12 years that person may have a claim to title of the property.

The key to the issue is adverse, and in this case, it's hard to see how the brother can claim he was squatting against your fil, when both of them owned it (the brother was there by right).

There's a good (but somewhat technical) discussion of the law on adverse possession here, which you may want to read.

These cases always turn on the facts and details, so it would be a very good idea to get some legal advice from a solicitor familiar with the law on this area
 

This only happens if someone is living in the house without the consent/knowledge of the owner(s) i.e. is squatting - adverse possession.

I assume that your FIL knew his brother was living in the house and consented to it, so adverse possession does not apply. Assuming this is true, then the ownership is probably as per the deeds.

Are there any issues with the situation as is? If all parties are happy with the arrangement, then the deeds situation is fine.
 
You must log in or register to reply here.
Menu
Log in
Register