Father and son
Q. My brother persuaded my father to sign his house over to him nearly 20 years ago in case my father had to go into a care home and the local authority came after the property to pay for the fees. Now my brother is planning to retire early and wants the house. Is my brother legally entitled to evict my father, who is now 90 and disabled? My father has just spent £20,000 on the house on the assumption that he could stay there until he dies or goes into care.
A. You should find out whether your father received proper independent advice from a solicitor at the time that the gift was made. If not, there may be scope for invalidating the gift so that your father gets his house back. It would then be open to your father to give the house to you and other family members under a new will, cutting out your ungrateful brother! If the gift of the house to your brother was valid, your father will be able to claim a stake in the property equivalent to the amount by which his £20,000 investment has increased its value. He could also to argue that, as someone with a beneficial interest in the house, he has a right to remain in occupation. However in this situation your brother would also have a right to live in the house unless excluded by the court.

Should I be registered?
Q. When I bought my house in the 1950’s I used a local firm of solicitors who retained my title deeds for safekeeping. About two years ago I discovered that the property was not registered at the Land Registry. The solicitors said this could be rectified when the house next changed ownership. Surely they were responsible for registering the property when I purchased it?
A. Land registration in England and Wales has been introduced piecemeal, and compulsory registration didn’t arrive in Manchester until 1961. The history of land registration is actually quite interesting. It wasn’t until as recently as December 1990 that the last areas were brought into the registered system and new legislation in 1998 meant that all sales and other changes of ownership of land in England and Wales have had to be registered. You can apply to register your property voluntarily, although this will of course incur a fee.

In her name only
Q. My son and his partner have split up after living together for 14 years. They bought a house in her name five years ago: at the time they intended to buy a second house in his name and rent it out, but that fell through. Now the house is up for sale and has trebled in value. If I’m not mistaken she will get the cheque, since the house is in her name, even though they have shared all the bills. How can he make sure he gets a share?
A. Your son should see a solicitor and apply for appropriate restrictions to be entered against the property at the Land Registry. This will in effect prevent your son’s ex-partner from selling the property. Your son can threaten legal proceedings unless the ex-partner agrees to pay him his share of the sale proceeds. If they can’t agree the only option will be to go to court. Your son will have to be able to show that the couple agreed to share the property and that he has contributed financially towards the mortgage and improvements. The intention to buy a second property will be important in explaining why their current home isn’t in joint names.

Renting a building site
Q. My mother is due to move soon to different rented accommodation at a lower rent. Her landlord has told her she can expect workmen in to do any repairs while she is still living there: she is 82 and worried about the disruption this will cause. He is also making her pay for a new bath in her current flat because she had handles fitted to it.
A. Your mother should have a tenancy agreement setting out her rights as regards the property. A standard clause is likely to say that she is entitled to the “quiet enjoyment” of the flat, which would rule out major building work while she is living there. She should insist that anything that would cause serious disruption is done before she moves in. However the landlord is probably entitled to, and may be obliged to, carry out minor repairs whilst your mother is in occupation, and may be entitled to charge her for replacing the bath if she had the handles fitted without his permission.

Will confusion
Q. Can the executors of a will benefit from it?
A. Yes, the executors are often (but not necessarily) the main beneficiaries. It’s the witnesses (or their spouses) who must not benefit from a will.