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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice.
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Moving on from the above one of the joint owners has recently

Resolved Question:

Moving on from the above one of the joint owners has recently died which has precipitated and extraordinary flurry of urgent contacts from the other side, Phone calls emails letters demands for urgent replies, site meetings, exchange of expert reports and threats of action without further communication. All have been replied to from our side but it does seem rather excessive. The property is subject to equity release. What potential effect does the death of one party to the claim to damages/trespass actually have
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do you have access to the deeds? If so, do you know whether the property was owned as joint tenants or tenants in common?
Customer: replied 3 years ago.

Yes I do have access to their deeds on Land registry and we also have a copy of their title deed which states they are "joint tenants".

Expert:  Remus2004 replied 3 years ago.
If the property was held as joint tenants it means that title to the property passes to the survivor in total.
With regard to the ongoing problem therefore it carries on as it was before except for the fact that you are no only dealing with one person and not two.

It is unlikely that it would affect the equity release mortgage
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