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Topic Other Boards / Foo / House Ownership Law
- By perrodeagua [gb] Date 02.12.08 14:45 UTC
If a person has lived with their mother for a number of years and paid council tax for more than 10 years would this property be there's as they've been paying for it?  I'm sure that I've seen something about if you've lived in property over a certain amount of years that it becomes your ownership, am I right?
- By Lokis mum [gb] Date 02.12.08 14:50 UTC
In a word, no.   The house belongs to the person whose name is on the title deeds.   It matters not who is paying for what, so far as the Land Registry is concerned - the house is the property of whomsoever is named on the deeds.  You can check the ownership of most properties in England and Wales by logging on to the Land Registry's website - which is www.Uk-LandRegistry.co.uk .

The person paying the bills may show some sort of entitlement to live in the property - but that is a different thing entirely.
- By Granitecitygirl [eu] Date 02.12.08 14:59 UTC
I believe you can argue some tenancy rights, but no ownership ones.  Best to speak to Citizens Advice.
- By Tadsy Date 02.12.08 15:21 UTC
I seem to recall something about squatters and 10 years. I may have this completely wrong, but if the building appears to be abandoned, and they can prove they lived there for a 10 year period and maintained it to a proper standard, and if after that period of time the listed owner as per the land registry can't be contacted, they can claim ownership.

Don't quote me on it, and it may well be an urban myth, but I think my OH knew someone that did/does this.
- By Stormy84 [gb] Date 02.12.08 15:26 UTC
There are also certain specifications to do with Inheritance laws which mean you can avoid paying inheritance tax if you have lived in a property for a certain amount of time.
- By Granitecitygirl [eu] Date 02.12.08 15:27 UTC
I am assuming that the mother is still living though so the property is still legally hers?
- By Carrington Date 02.12.08 17:27 UTC
Just to back up Lokis mum she is correct, on death of the mother the insurance will go to next of kin in order to purchase the house or sell it, but if the mother wills it to someone else they are out of luck no matter how long they have lived there. 
- By Blue Date 02.12.08 18:17 UTC
Children do not automatically gain heritable property rights from parents. Spouses can (with exceptions)

Children do have some right to moveable property on death though but you have not made the position clear in your question.
- By Spender Date 02.12.08 18:36 UTC

>on death of the mother the insurance will go to next of kin in order to purchase the house or sell it, but if the mother wills it to someone else they are out of luck no matter how long they have lived there. 


Has something changed? 

It is my understanding that the daughter could have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 providing she can show that before the death of the deceased, she was being maintained, either wholly or in part, by the deceased.
- By Lokis mum [gb] Date 02.12.08 18:47 UTC
Interesting point, Spender.  However, in her first post, Perrodeagua says "If a person has lived with their mother for a number of years and paid council tax for more than 10 years would this property be there's as they've been paying for it? "

So if the person has paid the council tax for 10 years, how can s/he claim that she was being maintained by the mother? 

The mother can also will the house to whomsoever she wishes - and if she places a note with the will stating the reasons why no provision (or little provision) has been made for her child, then the child would have to go to the Courts to argue for that provision to be reinstated.
- By Carrington Date 02.12.08 19:09 UTC
Hold on though are we a talking about a house that a mother has a mortgage on or a council house, we have all presumed it is a mortgaged house, but perhaps it isn't.  If it is a council  house they can be passed on to a son or daughter or even partner I think who has been living there for a few years and paying council tax etc, once the mother moves out or dies.

Or is the son/daughter trying to oust the mother from her home mortgaged or council as they are paying for the council tax now and feel they have a right to the house, if so they have no chance of that it belongs either way to the mother.
- By AliceC Date 02.12.08 19:11 UTC
I dont think the property would be classed as theirs, but I think they would have some sort of entitlement to the value of the property if it was sold. I would check with a solicitor on this.
- By Dill [gb] Date 02.12.08 19:17 UTC
The council tax is just that and is paid whether you own the house, it is mortgaged or a tenancy and you live there even if you are a lodger (paying or not) ;)  it doesn't actually pay for the house - only the council amenities (bins, road maintenance, etc ) you have to pay it wherever you live and whoever you live with, unless under certain circumstances you are eligible for a reduction. ;)

If you are a council tenant and have been paying the rent for 10 years or have lived in the same house all your life you may be eligible to take over the tenancy but it would depend on your particular council's policy on this and your particular circumstances.
- By Spender Date 02.12.08 19:49 UTC
I was replying to Carrington's post ref deceased. :-)

>However, the person has paid the council tax for 10 years, how can s/he claim that she was being maintained by the mother?


Still on deceased :-) ; just because the daughter is paying council tax doesn't necessarily mean she isn't being maintained by living there and contributing towards the household bills.  She had lived there for a number of years in a property which will show dependency, however, like all these cases, it isn't so cut and dried with many, many variables to consider and like you say, it really would be a matter for the courts.

Yes, she can 'will' the property to whomever she wishes, but whether that will stand the test depends on her particular circumstances and who, if anyone, contests the will.  Just not that straightforward, I'm afraid. 
Topic Other Boards / Foo / House Ownership Law

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