How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34905
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

I have a bit complicated property situation to clarify.

This answer was rated:

Hello, I have a bit complicated property situation to clarify. Can I claim a property ownership if I am not the owner? The property has been held in trust since 1997 (the date of purchase).
I have been paying the mortgage since 2003. Before 2003 my uncle was was living in this property and he was paying the mortgage from the very beginning until he died in 2003. I am his beneficiary.
I inherited the letter "Held in Trust" that says: The automate owners of the said property are myself and my uncle. Mr X and Mr Y are holding the property in Trust. The document is signed by Mr X and Mr Y. No witnesses or solicitor signature unfortunately. Mr X and Mr Y are likely deceased (I suspect it might be the reason for bank requesting clarification) and I have never had any contact from them.I only know their full names and no other details. In fact I never knew the property was purchased in such a way, until my uncle's death when, I inherited documents along with my uncle's property.
Not sure what I should do, as the bank is asking me to provide the evidence now. The property mortgage is almost close to be fully paid off and I have taken care of it (including mortgage payments) since my uncle died.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhich part of the Uk are you in?
Customer: replied 2 years ago.
The property is in Devon
Whose name is ***** ***** Land Registry documentation and whose is on the mortgage?
Customer: replied 2 years ago.
Mr x and Mr y on both.
Why was the purchase dealt with in this way?
Customer: replied 2 years ago.
I really don't know.
What were you told about it?
Customer: replied 2 years ago.
This is all I know that's why I left it for so long . The property used to be my uncles home. But now bank wants to know who are the real owners .
When you say you "inherited" the house.
Was there a Will and if so was Probate obtained?
Customer: replied 2 years ago.
Yes , all was in will and probate granted.
Who was the Executor and what was done about the house at that time/
Customer: replied 2 years ago.
I was executor , I rented house for 4 years.
Was just using as a holiday home.
So you just ignored the Title issue?When did your Uncle purchase the property?
Customer: replied 2 years ago.
Well yes it never bothered me as I have no intention of selling the house . The house was bought in 1997 .
How much is the property worth?have you looked at the Land Registry for details of the transaction?
Customer: replied 2 years ago.
Property is worth approx 100.000 as it needs renovation which I have started.
No not sure about transaction only what names are ***** ***** already.
What does the Land Registry Documentation actually say?
Customer: replied 2 years ago.
Title absolute
14.10.1998 restrictions. No disposition by s sole proprietor of the land ( not being a trust corporation ) under which capital money arises is to be registered except under an order of the registrar or of the court.
What is the address for the proprietors?
Customer: replied 2 years ago.
The only address stated as their address in a deed is the address of my uncle 's property. There is no any other address given and I don't know any other possible their addresses
Is there any evidence of which solicitor dealt with the dealt with the matter in your Uncle's paperwork
Customer: replied 2 years ago.
Only what was on the probate they calmed it was his as he was living there, also All payments made where by him via direct debit to bank lender.
Did the same firm deal with the purchase?
Customer: replied 2 years ago.
No they didn't.
What is the exact wording of the document that you hold that creates the trust
Customer: replied 2 years ago.
I am not in the property at the moment (where I keep documents), but as far as I remember the document wording is:
The automate owners of ... (the address of the property) are Mr...(my name) and Mr... (my uncle's name). Mr X and Mr Y are holding said property in trust. Only Mr (my uncle's name) can answer any questions.
Signed : Mr X signature and Mr Y signature
I am afraid that you have no choice but to trace these two Gentlemen to resolve this matter - or find the Solicitor who dealt with the purchaseThe document that you have will NOT be sufficient to prove ownership of the propertyUntil you have traced them using an Enquiry Agent it is difficult to assess the way forward although eventually your only option may be an applictaion for Adverse possession which would seriously compromise your ability to sell the propertyPlease as if you need further detailsClare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you