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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10456
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My sister has lived in a house owned by me for nearly ten

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My sister has lived in a house owned by me for nearly ten years. Can she claim adverse possession from me. This will be an amicable arrangement. The house has always been considered to be hers. The alternative of selling to her for a token sum causes tax problems
Submitted: 9 months ago.
Category: Law
Expert:  Aston Lawyer replied 9 months ago.

Hi, I'm afraid adverse possession applies only in cases where a party occupies a property WITHOUT the consent of the paper owner. As consent has been granted to your sister to live in the house, it is not adverse. You are free to gift the property, but as you may know, you will still be potentially subject to Capital Gains tax based on the current market value of the property. I'm sorry this is not the answer you were looking for, but it sets out the legal position. Kind Regards Al

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