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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 14614
Experience:  30 years as a practising solicitor.
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Compensation for improvements by liferenter, Angus,

Customer Question

Compensation for improvements by liferenter
JA: Where is this? It matters because laws vary by location.
Customer: Angus, scotland
JA: What steps have been taken so far?
Customer: None
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No.
Submitted: 1 month ago.
Category: Scots Law
Expert:  JGM replied 1 month ago.

I am a solicitor in Scotland. Can you explain your situation a little more please?

Customer: replied 1 month ago.
The liferenter and partner took over a dilapidated cottage in approx 1984.The premises have been extensively repaired and renovated.
there is a formal liferent incorporated in a disposition in favour of the owner. The liferenter is now in care and the owner wants vacant possession. Before that he should pay compensation.can you provide authority and precedent before I intimate the claim?Thank you.
Expert:  JGM replied 1 month ago.

Thanks for your response. In a proper liferent, which this is as it is established by Disposition, the liferenter is entitled to the property and the fruits of the property, such as rental income. The liferenter is under a duty to maintain the property in its condition. Neither the liferenter or the fiar have any duty to improve the property. If the liferenter does so there is no obligation on the fiar to pay compensation for improvements unless there was an agreement between liferenter and fiar or the liferenter in good faith thought he was the owner of the property. I will try to upload an extract from a textbook for you.

Expert:  JGM replied 1 month ago.

Here is the extract from the book called "Unjustified Enrichment". A liferenter who carries out improvements can only recover costs in very limited circumstances.

Expert:  JGM replied 1 month ago.

I hope that helps to answer your question. Please leave a positive rating so that Just Answer credits me for helping you today.