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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I want to make an application possession of a property.

Resolved Question:

I want to make an application for adverse possession of a property. What evidence would be required to assist my case? By way of background, I have been living in a property for 20 years where I pay all the bills, no one else lives with me and hasn't done for 20 years. I am the only person with a key. The house was in my grandfathers name and has been since he passed away, with a caution on the deeds for my parents. However, my parents have never charged me rent or asked me to leave or paid for any maintenance of the property. I have paid for home improvements including an extension. Many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionI shall do my best to help you but I need some further information first.For clarity - the property was owned by your Grandfather who left it to your parents - is that correct?
Customer: replied 1 year ago.
Well I think there are probate issues with my aunts as well. However according to the will, the house was left to my parents - yes. The reason it has never been put into their names is the challenge received from my aunts. However, nothing has been done about this in the last 20 years. It's just been left in limbo.
Expert:  Clare replied 1 year ago.
Are you parents alive?Have you discussed the property with them?
Customer: replied 1 year ago.
Yes they are. They are divorced and the only time the property is discussed is every now and again they ask me if I want to buy it. But essentially it's not theirs to sell. Also it's quite scary knowing everything can be taken away from me leaving me homeless if at any point they decide to ask me to leave. They rarely visit, they pay nothing towards the upkeep of the property. They seem almost disinterested. However there is still the challenge on the will that also remains unresolved.
Expert:  Clare replied 1 year ago.
Did they obtain a Grant of Probate of the Will?
Customer: replied 1 year ago.
It's been in dispute for some time but I believe the Grant of Probate has recently been granted to my Aunt. However the will is contested.
Expert:  Clare replied 1 year ago.
When did your Grandfather die?
Customer: replied 1 year ago.
Over 20 years ago. I can't remember exactly.
Expert:  Clare replied 1 year ago.
But Probate has only just been obtained - are you sure about that?
Customer: replied 1 year ago.
It would appear so. It's been left in abeyance as a stalemate between family members since he died. And now as far as I know solicitors are involved. However at no point have I been approached by anyone and I've been living in the house for over 20 years. My relationships with my family including my parents is very limited.
Expert:  Clare replied 1 year ago.
Which part of the Uk are you in - an have you obtained a copy of the Will using the service herehttps://probatesearch.service.gov.uk/#wills
Customer: replied 1 year ago.
I'm in South Wales. I don't have a copy of the will. is it necessary to obtain one to apply for adverse possession? I'm assuming it's not as black and white as squatters rights having lived in and maintained a property for over 20 years with no one coming to question me being in there? Asking me to leave? Or charging me rent?
Expert:  Clare replied 1 year ago.
I am sorry but there is no basis on which you can claim Adverse Possession and thus ownership of the Property.The fact is that you are living in a family property which is the subject of a Probate dispute.You do not have "squatters rights" (not least because there is no such thing - squatting is now a criminal offence) BUT you do have some tenant rights based on the length of time you have lived there - and a financial claim on the proceeds of sale because of the work you have done.In terms of addressing these you will need to identify the position with regard to the Will.You will also need to obtain a valuation of the property which covers what extra value has been added by the workI appreciate that this is not he news you were hoping for but it is important that you are aware of the actual positionPlease ask if you need further details.
Customer: replied 1 year ago.
Thank you for your assistance. How do I go about establishing my rights as a tenant? I just want to put something in place to protect my position.
Expert:  Clare replied 1 year ago.
At this stage there is nothing that you can do - other than to access a copy of the Will and Probate, get the valuation done, and collate full details and evidence of all the work that you have had done on the property.You have never paid rent, but may be able to argue that the work done was in lieu of rent - although it may be more effective to use it to establish an interest in the proceeds of sale
Customer: replied 1 year ago.
Thank you so much for all your help.
Expert:  Clare replied 1 year ago.
You are most welcome I hope all goes well
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