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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33941
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a bit complicated property situation to clarify.

Resolved Question:

Hello, I have a bit complicated property situation to clarify. Can I claim a property ownership if I am not the owner? The property has been held in trust since 1997 (the date of purchase).
I have been paying the mortgage since 2003. Before 2003 my uncle was was living in this property and he was paying the mortgage from the very beginning until he died in 2003. I am his beneficiary.
I inherited the letter "Held in Trust" that says: The automate owners of the said property are myself and my uncle. Mr X and Mr Y are holding the property in Trust. The document is signed by Mr X and Mr Y. No witnesses or solicitor signature unfortunately. Mr X and Mr Y are likely deceased (I suspect it might be the reason for bank requesting clarification) and I have never had any contact from them.I only know their full names and no other details. In fact I never knew the property was purchased in such a way, until my uncle's death when, I inherited documents along with my uncle's property.
Not sure what I should do, as the bank is asking me to provide the evidence now. The property mortgage is almost close to be fully paid off and I have taken care of it (including mortgage payments) since my uncle died.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhich part of the Uk are you in?
Customer: replied 1 year ago.
The property is in Devon
Expert:  Clare replied 1 year ago.
Whose name is ***** ***** Land Registry documentation and whose is on the mortgage?
Customer: replied 1 year ago.
Mr x and Mr y on both.
Cheers.
Expert:  Clare replied 1 year ago.
Why was the purchase dealt with in this way?
Customer: replied 1 year ago.
I really don't know.
Expert:  Clare replied 1 year ago.
What were you told about it?
Customer: replied 1 year ago.
This is all I know that's why I left it for so long . The property used to be my uncles home. But now bank wants to know who are the real owners .
Cheers.
Expert:  Clare replied 1 year ago.
Hi
When you say you "inherited" the house.
Was there a Will and if so was Probate obtained?
Clare
Customer: replied 1 year ago.
Yes , all was in will and probate granted.
Expert:  Clare replied 1 year ago.
Hi
Who was the Executor and what was done about the house at that time/
Clare
Customer: replied 1 year ago.
I was executor , I rented house for 4 years.
Was just using as a holiday home.
Expert:  Clare replied 1 year ago.
So you just ignored the Title issue?When did your Uncle purchase the property?
Customer: replied 1 year ago.
Well yes it never bothered me as I have no intention of selling the house . The house was bought in 1997 .
Expert:  Clare replied 1 year ago.
How much is the property worth?have you looked at the Land Registry for details of the transaction?
Customer: replied 1 year ago.
Property is worth approx 100.000 as it needs renovation which I have started.
No not sure about transaction only what names are ***** ***** already.
Expert:  Clare replied 1 year ago.
What does the Land Registry Documentation actually say?
Customer: replied 1 year ago.
Title absolute
14.10.1998 restrictions. No disposition by s sole proprietor of the land ( not being a trust corporation ) under which capital money arises is to be registered except under an order of the registrar or of the court.
Expert:  Clare replied 1 year ago.
What is the address for the proprietors?
Customer: replied 1 year ago.
The only address stated as their address in a deed is the address of my uncle 's property. There is no any other address given and I don't know any other possible their addresses
Expert:  Clare replied 1 year ago.
Is there any evidence of which solicitor dealt with the dealt with the matter in your Uncle's paperwork
Customer: replied 1 year ago.
Only what was on the probate they calmed it was his as he was living there, also All payments made where by him via direct debit to bank lender.
Expert:  Clare replied 1 year ago.
Did the same firm deal with the purchase?
Customer: replied 1 year ago.
No they didn't.
Expert:  Clare replied 1 year ago.
What is the exact wording of the document that you hold that creates the trust
Customer: replied 1 year ago.
I am not in the property at the moment (where I keep documents), but as far as I remember the document wording is:
The automate owners of ... (the address of the property) are Mr...(my name) and Mr... (my uncle's name). Mr X and Mr Y are holding said property in trust. Only Mr (my uncle's name) can answer any questions.
Signed : Mr X signature and Mr Y signature
Expert:  Clare replied 1 year ago.
I am afraid that you have no choice but to trace these two Gentlemen to resolve this matter - or find the Solicitor who dealt with the purchaseThe document that you have will NOT be sufficient to prove ownership of the propertyUntil you have traced them using an Enquiry Agent it is difficult to assess the way forward although eventually your only option may be an applictaion for Adverse possession which would seriously compromise your ability to sell the propertyPlease as if you need further detailsClare
Clare, Solicitor
Category: Law
Satisfied Customers: 33941
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you

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