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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8564
Experience:  I have been practising for 30 years.
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My father let me build a house attached to his effectively a

Customer Question

My father let me build a house attached to his effectively a semi detached, my sister lives with him in one half and I live in the half I built. There has been no legal separation or boundaries etc all I have is the panning permission for my house. I have found out while I was on holiday my dad and sister have effectively put the "house in trust" my father said its separated that I will get my part and my sister hers. My problem is how can it be in trust as separate houses if its not legally separated ie land registry also my house s worth 30/40% more than her half as the one I built is bigger does this mean as its not separated with the land registry that the trust is for the plot as a total and there fore would be 50% each of the value of the pair of houses ??
Submitted: 4 months ago.
Category: Law
Expert:  F E Smith replied 4 months ago.

Is this a separate trust deed or is it some kind of trust which they have registered at the land registry?

Do you have details of the trust?

Customer: replied 4 months ago.
HI as far as I know its not registered with the land registry as it stands once i built my house my father wanted no fences to divide up the garden so it remained open and unchanged. We agreed the boundaries but I'm want to start the land registry change showing the divisions. as far as I know its a simple basic trust simply detailing my house to me and the other to mysister
Expert:  F E Smith replied 4 months ago.

Is very difficult to advise without seeing the document.

What needs to happen now is that there needs to be a Transfer of Part transferring your half of the house to you and registering it on a different title.

It’s quite a straightforward job for a conveyancing solicitor although it becomes a bit more complicated if there are rights-of-way and rights for services which need to be created by way of easements.

There are no rights-of-way or services that need creating, you are probably talking £600 plus VAT plus disbursements. If there are rights-of-way and easements for services that needs creating, you could be looking at double or treble that.

Everyday work for a conveyancing solicitor. Of course, your father needs to agree to this otherwise you have a court battle to get the property that you built, transferred into your name or more likely, get your money out of the house if your father wants to hang onto it.

It is too late now, but this should have been sorted long before you actually started the build.

Can I clarify anything else for you?

Please rate the service positive. It is an important part of the process by which experts get paid. It does not cost you anything but helps us greatly.

Best wishes.

FES

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