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Scottish landownership and house building

5 replies

Doha · 08/02/2013 17:31

My DD is building a house with her DF and they will have a joint mortgage. However the land is owned by DF's grandparents who are in the process of signing the land over to DF.
My worry is--God forbid-they split just what her legal position would be if he still is the owner of the land.
DD has her sensible head on and has said she would not want to stay in the house if they split as the IL's and GP's also have houses built on the adjacent land.
She just wants to protect her investment.

OP posts:
Boomboomboomboom · 08/02/2013 18:58

I would be very surprised if she can be a joint mortgagee without being a joint tenant (or possibly tenant in common) of the land. a bank won't lend her money if she doesn't own an interest in the land

Doha · 08/02/2013 19:30

ooooh interesting.. It's not that DF doesn't want her name on the land ownership l just dont think they have thought about it

Thanks for the reply Smile

OP posts:
TheSurgeonsMate · 08/02/2013 19:33

I don't think those are Scottish forms of landownership, boomboom.

Boomboomboomboom · 08/02/2013 20:32

I completely missed the Scottish bit (was on my phone) sorry. I don't have a clue about how you 'own property' north of the border but I doubt any bank would lend anyone money without the knowing the person they lent it to owned the property it is secured against!

TheSurgeonsMate · 08/02/2013 22:11

That must be right, just didn't want anyone to take the joint tenancy concept and run with it...

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