M
Medman
Guest
I would like to get some thoughts on a Section 49 Registration of Title under adverse possession.
My uncle has lived in a property all his life and last year initiated a Section 49 Registration of Title under adverse possession.
There is a registered title and folio number under the name of a great granny of my uncle. Without going into detail it was never sorted out over the years [reg of title is 1925]. Several generations never bothered to get the affairs in orders with no wills ever made - a bit of a mess to be honest!
Anyway all was going well and the case appeared strong [solicitor made application] - As stated Uncle lived there all his life.
Anyway starts to get complicated - over Christmas my uncle passed away and my father, as his only brother, was sorting out his affairs [guess what... no will again!] Anyway the section 49 registration was
proceeding and this week my father got a letter indicating that unless any objections - would be processed within the 21 days.
Now more complication arises - an aunt of my father now believes that she is the rightful owner of the property. She believes that as
my uncle is now deceased the adverse possession no longer applies. As she is the closest living relative to the registered owner she
would be the owner. She hasn't lived in the property for 30-40 years.
I would like to find out if the application started by my now deceased uncle can be completed by my father and as such the property would belong to my unlces state? We will follow up with solicitor but just want to put this out there.
My uncle has lived in a property all his life and last year initiated a Section 49 Registration of Title under adverse possession.
There is a registered title and folio number under the name of a great granny of my uncle. Without going into detail it was never sorted out over the years [reg of title is 1925]. Several generations never bothered to get the affairs in orders with no wills ever made - a bit of a mess to be honest!
Anyway all was going well and the case appeared strong [solicitor made application] - As stated Uncle lived there all his life.
Anyway starts to get complicated - over Christmas my uncle passed away and my father, as his only brother, was sorting out his affairs [guess what... no will again!] Anyway the section 49 registration was
proceeding and this week my father got a letter indicating that unless any objections - would be processed within the 21 days.
Now more complication arises - an aunt of my father now believes that she is the rightful owner of the property. She believes that as
my uncle is now deceased the adverse possession no longer applies. As she is the closest living relative to the registered owner she
would be the owner. She hasn't lived in the property for 30-40 years.
I would like to find out if the application started by my now deceased uncle can be completed by my father and as such the property would belong to my unlces state? We will follow up with solicitor but just want to put this out there.