site inheritance and potential problems

H

housegirl

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Hi all

New here so a)Hope i'm posting in the appropriate forum
b)hope i make myself as clear as possible as this is a very important subject for me

My situation is this; After 2 years and a few failed attempts it seems that i'm about to be granted planning for my principle residence on a plot of land at home. There is a background history in my family that makes me very nervous about the position i may soon be in.
The plot of ground is still owned by my father who has been reluctant to sign it over to me since I first applied. My mother died last year and since then he has squandered the money she left, something that he has done all his life, spent her hard earned money. In effect, he has never really had to stand on his own 2 feet financially and now I see the money running out in a few years.
If I do get planning, it will be in my own name but access will be as a right-of-way through my father's house. He has also mentioned helping me out financially in the building of the house. This gives rise to my concerns.
1) If the site is still in his name even though the planning is in mine can he use this against me if/when his money runs out?
2)If he has contributed financially to the building does he have a claim on it?
Not to be seen as emotional here but it is relevant; I promised my mother that I wouldn't see him starve, that I would make sure he always had food, light, heat etc. but would not give him cash as he has proven time and again that he cannot manage it.
Just worried that I could be held to ransom by him in the future. Can anyone advise?Thanks.
 
1) Yes. He will own the house. Don't start building until you own the land. So I was told by my solicitor when building on a family site.
2) Sorry can't help with that.
 
Thanks Yoganmahew. Didn't realise he would actually own the house. So if he's still proving difficult when time comes to build I should just not take the risk.Also, is it safe to say that any banks or other creditors could come after him for my house if he was in debt?
 
housegirl said:
Thanks Yoganmahew. Didn't realise he would actually own the house. So if he's still proving difficult when time comes to build I should just not take the risk.Also, is it safe to say that any banks or other creditors could come after him for my house if he was in debt?
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I don't know.

But I doubt any bank would give you a mortgage for the build if you don't own the land!
 
yoganmahew said:
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But I doubt any bank would give you a mortgage for the build if you don't own the land!
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+1 - they won't touch it with a 40 ft. pole.

I hate to sound like a killjoy, and I know its family (it doesn't get any worse, believe me) but the entire situation is fraught with all sorts of undercurrents and nuances and in my view is much too complex for anyone's peace of mind.

Worst case scenario is you could end up with two properties so inextricably linked that neither would have any value. Sorry.
 
No need to be sorry, sound advice is rarely what we want to hear! These replies are just what I need, engineers, architects etc. with vested interests (more fees) have told me there's no problems, so good to hear it told like it is.Will have to bite the bullet and ask straight out for ownership. Another thing, if I do get it into my own name, would the right of way be an issue in year's to come if there was someone else living in father's house?
 
housegirl said:
...Another thing, if I do get it into my own name, would the right of way be an issue in year's to come if there was someone else living in father's house?
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You need legal advice, but my own view (not a legal expert by any means) is -
mathepac said:
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Worst case scenario is you could end up with two properties so inextricably linked that neither would have any value...
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A friend of mine built a house on his mother's land (part of farm), he didn't have a loan and his mother didn't sign the land over to him. He married, his new wife contributed to the building and paid for furniture etc. They broke up and eventually divorced. She got nothing from the house as the ground was still his mother's name. He kept house, furniture etc. he paid her a very small nominal sum.

After divorce, his mother signed over site and it's now all his.

housegirl .... after my big long story .... what I'm saying is you MUST get site signed over to you before you start building otherwise your father will end up owning your house.

Re. right of way .... your solicitor is the only one who can make this 100% airtight. Rights of way are hell if unclear ..... get it airtight .... get it signed. Make sure you own the site and that you have 100% right of access before you build. Also be sure that if you're building walls, putting up hedging etc. that this is made clear in any legal agreement. Any chance you could get access that fully yours? Does it have to be a right of way?

Pin everything down ..... legally .... yours ..... not yours ... before you start pouring money into a new build.

Hope it works out for you!
 
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Thanks guys, sound advice. I presume that even if the planning does come through before I can get it signed over then the site as such would still be just a field as the planning would be granted in my name? I.e. he couldn't turn around and sell it as a site with F.P.P.?
 
housegirl said:
Thanks guys, sound advice. I presume that even if the planning does come through before I can get it signed over then the site as such would still be just a field as the planning would be granted in my name? I.e. he couldn't turn around and sell it as a site with F.P.P.?
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It's possible .... and a site with planning permission of any kind will always be worth more than a piece of farm acreage.

Signing over the site prior to getting planning is a chance you'd take .... what if you didn't get planning?

Depending on where you live you might get a planning official to visit the site and tell you if planning would be granted. If they indicate positively that you'd get planning they'd also tell you what type of house you would be allowed build. Then you could get the site lined out and signed over to you before you apply for permission.

Only you know your father ..... if he's capable of selling it out from under your feet then you need to protect your finances.
 
You need to talk to your solicitor before you commit any more money in a planning application. Your solicitor will protect your interests.
 
Thanks guys, sound advice. I presume that even if the planning does come through before I can get it signed over then the site as such would still be just a field as the planning would be granted in my name? I.e. he couldn't turn around and sell it as a site with F.P.P.?
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Planning permission is for the site, not the applicant. If you are sure that you will get planning permission for the site, then unless there is a drastic change in the zoning at some stage in the future, your father would get the same planning permission if he applied - which he is entitled to do as owner of the land.

Right of Way issue - is there any way that the site could be carved up in such a way that both houses are on independent sites with independent access? Even if this means redoing the planning application and even if it costs a bit more to do it?
 
No way of getting a separate entrance/drive so a right-of-way is the only solution there. Have decided to hold off on the planning for a while until I get this sorted, my future is too valuable to take any chances. Hopefully all will turn out well.
Guys, thanks a million for the advice, would rather hear the hard truth now than be back here in a few years seeking advice on a much bigger problem. Your time and effort is much appreciated. Next stop a solicitor.
Nollaid shona diobh go leir.
 
Nollaig fe shéan is fé mhaise duit féin housegirl! :smile:

Best solution .... tread slowly .... I wish you luck with it!
 
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