property dispute.

[des8]

Re: property dispute.

To claim adverse possession the would be possessor has to show the property was occupied without authority, ie adverse.
If she is living there by agreement, even if a lease was not signed, nor an actual piece of paper giving licence or permission handed over, she or her heirs would have a problem demonstrating the possession was adverse within the meaning of the act.
Your correspondence on purchasing the property, and subsequently, would clearly show she was living there with permission

[JR424]

Re: property dispute.

property disputes further developments.

My old lady has now stated to a neighbour that the plan is to not sign a lease and her children will make a claim on the property after her death. I have always played fair with this lady and have been right royally shafted. I have asked for the signed lease but have been refused I cannot apply for eviction as she is 84 and according to her lawyer very frail, I think he would love a bit of litigation, (the heavy handed landlord story. I haven't been near the property for 7-8 yrs now and she has been rent free since aug 2006 as agreed) although she is well enough to do car boot sales every weekend.
Recently I have been offered fifty percent on the open market value if I get a lease signed by a specialist property fund and they will honour our lease., so I am considering offering it back to the family first for the same amount. If they refuse is their some sort of litigation to facilitate a conclusion without getting played as the heavy handed landlord?

[Crazy council]

Re: property dispute.

Hi

Force the lease,

I would guess that the tenants relatives may try claim a sum against the property for maintenance and repairs. It can be one of the traps in these situation, the argument is the property only maintains its value if maintained throughout the occupation, and occupiers can try claim this.. General painting and upkeep wouldnt make a difference, but roof or large repairs would.

You can evict no problem, its not your responsibility, that may seem cold, but your not talking about a small amount of money i guess, I wander if the same relieves had a hand in advising her in the first place, and maybe some of the funds..

[JR424]

Re: property dispute.

yes, I did at the time tell her to sell to her sons but she said they were not close. It now turns out the eldest son is married to the legal secretary at the practice that is defending her. I just want this gone so I can get on with my life. I think i'm going to write and offer them the purchase and if no joy look for some litigation with a view to eviction if necessary.