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Legal advice needed re property and family rights

4 replies

Itsallsonew · 11/04/2024 15:35

Hi all I really need some advice. A relative of mine wanted to build a house on some family land but owing to planning rules they built the new home as an annex to an existing house. Life has moved on and the owner of the original house has decided they want to have the annex for themselves, they are saying my relative has no legal rights although they paid the building costs and materials as well as a peppercorn rent for the land usage. Can they really throw my relative out with no recompense? They built it and it was their family home for 20 years with children until the other relative developed some mental health issues. Can anyone advise what rights they have please. They cant afford to start again with nothing. thank you

OP posts:
PickledPurplePickle · 11/04/2024 15:38

What legal agreements were put in place at the time?

Your relative needs legal advice

Meadowfinch · 11/04/2024 15:42

They need to present all the documents and communications re: the project, plus details of the lease to a solicitor.

Did they ever buy the land? Do they have a written lease for the property? What was the agreement over tenure? Does the owner of the main property have the legal right to sub-let the annexe? What were the details of the planning consent?

prh47bridge · 11/04/2024 19:39

Even if there is no legal agreement, your relative may be able to claim a share of the equity in the property (i.e. house plus annex). He needs to take proper legal advice.

Collaborate · 12/04/2024 09:12

The relative most likely has an interest under a resulting trust. They need legal advice.

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