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2. I regret to say that an oral agreement with the owner of a property that the other co habitee can continue to live in a property after the death of the owner does not give a legal right of residence. This is because once the owner has died, the property would then be owned by someone else, under the rules of succession and the new owner would be able to decide who was to live in it. If the co habitee is desirous of obtaining the right of residence in the house after the death of the owner, then they need to make provision for this during the lifetime of the owner, by registering a formal right of residence in the Land Registry as a burden on the title. This burden would then affect any new owner of the property there might be. However, this needs to be done whilst the owner is alive as it cannot be done once they are dead. However, a simple oral agreement is not sufficient to affect any new owner of the property. This is why the right of residence needs to be registered as a burden on the title whilst the owner is still alive.
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