property dispute.

[JR424]

Hello all.
Thank you all for the site' I have looked in from time to time and found the posts really usful.
I now find myself in a situation and would appreciate some thoughts.
I bought a property on 2006 on a reduced price due to the owner wanting a lifetime lease. no problem except the lifetime lease was never signed. I pursued the sellers solicitor who denied that a lease was ever presented. This went on for about two years until the lady in the house became ill and started to plead through her solicitor that my approach was causing her health to deteriorate. under advice I let the whole affair go and have had no contact with anyone until October 2012 when the ladies solicitor wrote to mine asking if they were still instructed to which my lawyer obviously replied yes. Then nothing. I'm not sure what I should do. I am quite happy for the lady to live their rent free as agreed for the rest of her life, but without the lifetime tenancy in place am I storing up trouble for myself? My lawyer seems relaxed about the affair but I am troubled.

[enquirer]

Re: property dispute.

As it's a relatively simple matter, it is difficult to see why she should be trying to avoid signing, particularly as it should make her situation more secure. I have a bad feeling about this, so would suggest that you would be well advised to see this through to completion.

Did you pay the purchase price to her, and is the sale watertight? Does she have any family?

[JR424]

Re: property dispute.

Sorry did not see this response and started new thread.
Yes it all started a long time before, I was made redundant and lady new I had money. Used to do her garden. She approached me years before and I refused. She had two sons and I said she should do it for them. Any way whilst doing her garden met both Sons at different times and really got on well with them. I did their gardens as well. They both mentioned to me that they could not help their mum as they did not have the money, and she had a mortgage which would never be paid off. They did not want her living with them. Eventually I agreed subject to her getting her own independent lawyer and got all the necessary proper advice. I also got one. Everything went fine,but her lawyer never got the lease signed. I pursued him through my lawyer who seemed very relaxed about the whole affair, but her lawyer went out of business. Then another compete different lawyer wrote to me saying that my constant requests were making her illness worse, My lawyer sent the new one a copy of the lease asking for her to sign it and they wrote back saying this is harassment and I was not to go anywhere near the property. My Lawyer has told me they don't have a leg to stand on and not to worry, but I also have a bad feeling about this. The property is registered with land registry in my name and to my current home address. The purchase price is on land registry and yes the money was paid to her through the standard property conveyancing carried out by independent lawyers.Their are no cautions or charges on it.

[JR424]

Re: property dispute.

Hi anybopdy have any thoughts on my predicament?

[enquirer]

Re: property dispute.

Sorry did not see this response and started new thread.

What responses did you get there?

[JR424]

Re: property dispute.

What responses did you get there?

None, so I guess from the lack of responses that my existing advice is correct. Stay away until lady passes away,which I am ok with.

[shell]

Re: property dispute.

I would be worried that after 12 years she is going to go for adverse possession, http://www.landregistry.gov.uk/profe...actice-guide-4.

As the property is legally yours I would insist on a lease being signed. I can see no reason why signing a lease would make you ill. Have your lawyer inform her that either she signs the lease or you take measures to evict her as a squatter.

[JR424]

Re: property dispute.

I would be worried that after 12 years she is going to go for adverse possession, http://www.landregistry.gov.uk/profe...actice-guide-4.

As the property is legally yours I would insist on a lease being signed. I can see no reason why signing a lease would make you ill. Have your lawyer inform her that either she signs the lease or you take measures to evict her as a squatter.

I had wondered about this, and will ask the question. Am I write in assuming that she can make an application after ten years, if I oppose it it is held over for a further two yrs but antomatically granted after twelve.

[des8]

Re: property dispute.

You're wrong.....(I think)
To make a registration after 10 years the possession has to be adverse.
The old lady though is living there under licence from the property owner & so does not have adverse possession.
There might not be a written lease but it would seem that there is sufficient evidence of licence for your own solicitor to take a relaxed view.
I wouldn't be too worried, but then I'm not you. If I was tho' I might have a different view.

[JR424]

Re: property dispute.

You're wrong.....(I think)
To make a registration after 10 years the possession has to be adverse.
The old lady though is living there under licence from the property owner & so does not have adverse possession.
There might not be a written lease but it would seem that there is sufficient evidence of licence for your own solicitor to take a relaxed view.
I wouldn't be too worried, but then I'm not you. If I was tho' I might have a different view.

Thanks to all who have posted. I have asked the direct question of my lawyer re; adverse possession and for the first time have received a feeling of urgency about him.
I am hoping that due to the lease being sent to her and her lawyer that I am just being over suspicious but you never know theses days.
He is currently looking into the adverse situation and going to officially revert to me when his investigation is complete. I will post decision. Once again thanks to all. Brilliant site.

[JR424]

Re: property dispute.

Hello,
I would like further views on recent events,
As I posted before my lawyer said on April 4th 2014 ,he was looking into the adverse possession question and would revert back to me when completed. I have heard nothing from him.
Friday May 1st I received a phone call from my tenants lawyer stating that he assumed that my tenant could live in the property till she dies. I obviously said I had no problem with this, but could he get the lease signed and returned to my lawyer for our records. He did not give a direct response only saying that he may write to me and I would receive correspondence soon, as a final remark he also said he had tried to contact my lawyer about this and he had received no reply. I was somewhat confused by this as I have had no problems communicating with my Lawyer. Should I contact my Lawyer and tell him about this conversation or wait and see what comes in the post?
I have a bad feeling that I am being played for time, although, I have until August 2016 before ten years is up.

[des8]

Re: property dispute.

You could remind your solicitor that the SRA Code of Conduct, section 1 chapter 1 outcome 0(1.5) states:
"the service you provide to clients is competent, delivered in a timely manner....."
and at the same mention your conversation, just to keep him informed.

[JR424]

Re: property dispute.

[QUOTE=des8;430888]You could remind your solicitor that the SRA Code of Conduct, section 1 chapter 1 outcome 0(1.5) states:
"the service you provide to clients is competent, delivered in a timely manner....."
and at the same mention your conversation, just to keep him informed.




Thanks des8, I will drop him a line.

[JR424]

Re: property dispute.

Hi All
Nothing happened until this week when tenants lawyer has claimed I have been harassing her. He gives no evidence but requires a financial gain. My lawyer obviously asked me the question. I have not been anywhere near the lady or property for the last five years. My Lawyer wants some more money and she wants money just to get this lease signed.
What if I just instruct my Lawyer to send a letter saying get lost and she can stuff her lease which would have been better for her and grant Licence to reside.
Will this mean she cannot claim adverse?

[Crazy council]

Re: property dispute.

when you purchased, did she move out for a day.

She would be on an assumed lease, as long as you have the original paperwork. but could also be a protected tenant, not sure how it works when the tenat ex owner stays in the property ( ie you dont get vacant possession )

I can not imaging she could claim possession that way, but assume her sons will suggest when she passes. By reading, you in the right, but because you did not get the paperwork signed up properly, it leaves room for claims.

What if I just instruct my Lawyer to send a letter saying get lost and she can stuff her lease which would have been better for her and grant Licence to reside.

yes you could, but, if she is refusing to deal with you so far, she will probebly fight.