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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2447
Experience:  Over 5 years in practice.
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I own 1/3 of the family home with my siblings the property

Customer Question

Hi i own 1/3 of the family home with my siblings the property has no mortgage and has been vacant for one year since our mother moved out putting the house in all three siblings names in Trust. I have spent the year clearing the house and making repairs new kitchen, bathroom and hallway. I have had drawings made up to convert the property into a flat in the basement and HMO for the rest of the house. The work presently has cost £15,000 all funded by my mother further cost will be paid by my mum. I would like to know could my siblings block me legally from converting the house as my sister does not like the idea of breaking the house up. Also can my mum legally give me more power over what happens to the house. Rental income will be going to my mum to pay for her care as she gets older, can my siblings legally claim for income from the property?
Submitted: 2 months ago.
Category: Property Law
Customer: replied 2 months ago.
Because i am doing all the work can i make myself property manager over the house and draw a free from the income at 10% without my siblings claiming from my fee?
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What type of Trust did your mother set up?

Customer: replied 2 months ago.
Hi sorry for late response have been looking for the document but can't find at the moment. But from what I remember it was if one of the siblings died their share would go to the spouse or children.
Expert:  Clare replied 2 months ago.

You will need to find the copy so that we can be certain I am afraid

Customer: replied 2 months ago.
Hi I'm planning to visit the solicitors office today and hopefully get a copy of the document will keep you up to date with that.
Customer: replied 2 months ago.
Hi ClareVisited the solicitors office was advised to google land register or pay £100 for the document to be released paid £17 at on Land Register to get this information:) RESTRICTION:
No disposition by a sole proprietor of the
registered estate (except a trust corporation) under which capital
money arises is to be registered unless authorised by an order of the
court.
Is this information helpful? if not what particular information do you need?
Expert:  Clare replied 2 months ago.

It is the Trust document itself that is important.

Who lives at the property now?

Customer: replied 2 months ago.
The property is vacant I am looking at renting it as part HMO and a flat in the basement. Looks like you might not be able to help me without this trust info, is that right?
Expert:  Clare replied 2 months ago.

Can you send me a copy of the documentation you obtained from the land Registry?

Customer: replied 2 months ago.
Hi have sent document
Expert:  Clare replied 2 months ago.

You referred to the property being held "in Trust" - is there a separate Trust deed?

Customer: replied 2 months ago.
Hello ClareYes there is i may have to pay to get another copy will give it till end of next week to find original copy. If not found will look at how long to get a copy from archives. Will keep you up to date.

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