I am 60 years old as a male disabled person with industrial injury award . The house bought for me is in my mother's name and on July 29th mother died un-expectedly, in 2,011. We were in an M4 collision where Mother lost control of the Car so I gave her my compensation money to look after me. Now I am told the house may have to be sold but I believe I do have the right to stay there, simply as Mother caused my Injuries and I did not take her to Court for the reasons, being her son and we both suffer. My brother said I am a sitting tenant and without me as a sitting tenant, he has a lady offering to buy the house for £230,000, so they are being somewhat cruel to suggest I become Homeless as I cannot walk. I only have disability living allowance and incapacity benefit ... no hope of a Job at my time of Life as a disabled person. Therefore can I ask how much is a House worth when it is £230,000 offered with vacant freehold possession, what is it worth with me as a sitting teneant ? Happy New Year .. many thanks for this chance to question my rights, yours , Peter
Thanks for your question. Please remember to click ACCEPT once you get my answer.You only want to know the value of the property?
Thank you for this response.
My concern is to know what rights do I have as a person who was resuscitated at Hillingdon Hospital after the M4 crash with Mother losing Control. We faced Life together and her Death shocks me because of the Mentality of those who assume her Death means I have no more right to support or care. Therefore I do wonder if the Value of the Property is greatly afected as a Motive to make me give-up the Home, so my relatives can sell it to simply have Cash. They have no feeling to sympathy or show any Care for my Condition as a vulnerable disabled man who is alone.
Therefore, I ask for an Idea of the Basis for Valuing a Home when a Disabled Son needs care is wityh a lady who dies age 79 years ... if it is a strict legal valuation if I reside there, they cannot push me out as a family wishing to claim the sale of the property increases their inheritance right away. I could live one year or ten years... God Knows .. so I would like to know the basis of how a legal valuation is made and the rights I have to resist being shut-out. Many Thanks.
Are you named on the will? If so are you entitled to any of the property?
Thank you for writing.
As the first-born I am named in the Will of Mother Joy as one of her four children who are told, no quarrelling, my estate is to be shared equally between my four children and to serve the grandchildren. Two executors, Peter ( writer ) and Christopher .. the two sons ... then there are two daughters. executors are to decide on dividing residue of estate.
Our Late Father died in 1999 and said Peter is entitled to be maintained in the manner to which he accustomed until his demise. Our Mother had admitted liability in the car crash and the compensation was used for our home and to provide a standard of care. I believe the sisters and brother feel they have no such duty of care as it ended with the death of our dear Mother.
I am anxious to remain calm so this offer to join your service seems as though it is a Life Line. Thanks in anticipation, yours, Peter.
Please note I was the employee of my Mother's Business at Bath Spa when we were involved in the Collision on the M4 and this was accepted as an Industrial Accident ... I was so badly injured I have only recently started to learn how I was also denied the Right to claim National Insurance Contributory Benefits so I have to be very careful as a big shock would make my ability to stay alive rather precarious. We crashed at 112 m.p.h. and metal went into my body, causing multiple-injuries, so I do genuinely really need honest help and care. The foundation is to have a safe home. Sharing equally, my feeling is how one sister sees no care and to split the estate 4 ways nomatter what has happened to her elder brother. I find this frightening and very dangerous. thanks, XXXXX XXXXX
I am assuming your father is dead and the estate has been passed to your mum.As such your mums will is the latest one and that states the estate is to be divided equally.It does not have a clause that allows you to remain. If it did it would allow you to stay there.This means that the property could be sold unless they agree to let you stay.The fact you were involved in an accident and did not make a claim is not relevant to any claim, so do not try and pursue that.The value of the property is only worth what someone will pay.Therefore if it was sold, someone could keep you as a tenant if they wished.Or if your family or the new landlord wanted you removed they would need to apply for the court for an order.As such you have no tenancy agreement, you have no security of tenure.This means if it went to court despite what has happened the court would be required to make a possession order.I am sorry if this is not the answer you were looking for but based on the fact you have no security in the will or tenancy agreement, this is the legal position.Please remember to click accept so that I am credited for my time. Thank you.
Your comment is appreciated, however, I did have a Claim for Personal Injury which meant Mother accepted Liability and in 1979 I was paid Compensation which the Family used for our Home as Mother was injured as well, I shared this.
In fact I was next door neighbour and I bought two homes with a 100per cent mortgage.
As Executor I have been able to delve into our Late Mother's Paperwork and I have been shocked to find she has sold Land which is on my Title Deeds, with the Home she had from our Late Father. This is an entire Driveway and invoilves acess / egress for potentially 5 homes. Now I have found our dear Late Mother has written clearly, I have lost the Deeds to the LAND which serves as the Driveway.
This is shocking as Succession is with MY DEEDS. To-day I see the Land Registry gave only possessory title on the registration. I looked on Google and I see a False Declaration is very serious with a Staement of Truth. In looking, I read the Penalty for deception is either ten years maximum prison sentence, an unlimited Fine, or Both. In this instance, Mother has sold Bath Spa Property which involves £1.6 Million approx. and the reality is I am executor with this knowledge. It is worrying because I do not know which way to turn. Is there only one route or does the Law permit me to ignore the Truth where I never understood how Mother has sold Property which I had bought ... it is clear the Title never went with Mother's House.
AS it involves deception, I looked and found a restrictive covenant, easements, rights of way, wayleaves and maintenance are all ignored. Where do I logically begin with a view to knowingh what the outcome may be ? I called the Tax Office Helpline about doing Probate and told the Officer but they do not become involved with this kind of mistake in Property Law.
I am inclined to think you could take your time and establish a list of questions which I ought to send in One by One. If I click ACCEPT for each question, then we can aspire to the TRUTH and you can help me to decide how to move with this mistake on Probate.
Basically I could accept your first conclusion and take this forward as a fresh question because you gave the right answer for a scenario where the relevant facts were notified to you without clarification on the erroneous Staement of Truth / Statutory Declaration.
I know Life for Mother and Son since 1973 has been sheer Hell as nobody will ever knbow the Pain of surviving a really awful car crash. I keep going by doing as the Doctor ordered... to Thank Jesus Christ every Day until I am finally Dead. This I do and yet I see through the eyes of Islam how England has great Law to be OBEYED.
Please start me off in the right direction to prepare for my duty to establish probate next week ... I am wishing you a very happy 2,012AD New Year
pax tecum, Peter.
What you or mother did with the compensation is not relevant.If property which you owned was sold then you may have a claim on the estate but that does not affect the position in relation to the current property.If there is any deception or fraud you need to inform the police to investigate.I would be grateful if you click accept on each question especially if you are on the subscription plan.Please remember to click accept so that I am credited for my time. Thank you.
In thinking of the reality, maybe the Law has to be seen as having dual routes, one as Employer's Liability and the other as Family Law, as I really do not consider Human Rights permit disabled persons to be ignored. Please consider The Equality Act 2010 .
I was reading how a disabled person is entitled to extra support to permit Equality. This applies to my Case as I cannot walk. Thanks, yours, Peter.
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Excellent response and this is what I am trying to establish, where tragically as Son, I witnessed my Mother as My Employer, go through losing control of the work vehicle in which we travelled and this is duly accepted as Industrial Injury for my Case. Our Limited Company ran for seventeen years, Focus One Childrenswear Ltd. Bath Spa. So I was an employed earner and never doubted care would continue. The wealth in the will of Mother / Employer is from our Business being a success. However, in terms of the Equality Act, the duty of care is alleged as ceasing with the death of Mother/ Employer, when I am appointed as her Executor and I hold all confidential paperwork.This is a sister who is saying I have no right to care as mother is dead. I have rights as an employee and the Department for Work and Pensions Special Payments Officer, Mrs Suzie Williams at Exeter Benefit Delivery Centre has been advised I have rights to claim Actual Financial Loss as Compensation from The Deparetment for Work and Pensions. The DWP Officer Mr Martyn Hamlin was told to contact the Employer on May 9th 2011 with regard to material facts and he did not do so ... One way or another I must cope with making a survival plan. If I am being caste out by my sister, then this must make The DWP Actual Financial Loss Compensation become more impoertant. I am out in the cold, going on your current stance unless The Equality Act 2010 is helping in some way. Many Thanks, yours, Peter
Good Morning from Falmouth , Cornwall. Your written response is easing my suffering !
You have written, which I copy and paste here :
Saturday, January 07, 2012 5:11 PM EST
The equality act can only be used against a firm or business.You can not use it in terms of following the will and what it states.Human rights also only applies to public bodies and therefore is not an argument you can raise.You can only raise equality if the matter was being dealt with by a business.
Material Fact :
The Death of an Employer is in this instance the Death of a Mother. The Mother has appointed her Two Sons as Executors, jointly, for her Last Will and Testament which was prepared in January 2,005 and the Death happened at ; Hospital Distrital do Faro, Algarve, Portugal on July 29th 2011 . The Mother left her Estate to her Four Children and their Children, to be shared Equally. The Writer is the oldest of the Children of the Deaceased. The Deceased became a permanent Resident, domiciled in Portugal from 2005 where both being seriously injured have chosen Portugal to enjoy the Sunset Years.
However, as the Employer, Mother has been unable to cope at the time of the M4 Collision as both were together. The Writer, in a wheel-chair was obliged to live with Parents and the difficulty pre-empted an Offer from the next-door neighbour for Peter, the Writer to buy the Property next door, cosisting of Two Dwellings, large Gardens and a Driveway. The Proposed Driveway had access for Eastwell, another Home, which it is important to note, is not yet registered at H.M. Land Registry. Illegally, a Garage had been built contrary to the Restrictive Covenant during 1957.I buying my Home, I questioned the problem with the restrictive Covenant and the solicitor at Bath Spa in Queen Square made me jump. He seemed really annoyed and said, Oh! Christ ! Percy has buggered-up the Conveyance.
My Response was to ask the meaning of this very technical Legal Jargon and the reply was immediate. The solicitor said, This Firm has made a mistake, so you will have to go to another firm of solicitors. Luckily I have my Architect's Letters to show Names etc. and in reality the solicitor said, this mistake means you must also take your PersonaL Injury Claim elsewhere. When I asked what is going to be the outcome, the solicitor looked at me and in a few words he said, A Massive Insurance CXlaim.
The problem is, I went back into Hospital and nothing was done properly to remedy the mistakes. Here is the disaster.
Last year we were told through Facebook, our Late Father who owned the Family home ( NOT mine ! ) had been an Adulterer and the upsetr where he had a secret daughter, meant Divorce which led to Mother who has died, taking Ownership of the Family Home. Since I was in Hospital , I find out later, Mother, my former Employer, has allowed the Driveway to be included where she sells the home, by making an erroneous statement to the effect, my Driveway is declared as Hers with a Statement of Truth given to H.M. Land Registry. This has surfaced as I am Executor trying to understand the consequences of her Actions whilst living after our Father died in 1999.
The Money is more than 1 million pounds, more than 1 .5 million pounds.
As Executor, do I just ignore the False Declaration of Truth or can I be held liable at a later Date i.e. when Eastwell is finally obliged to present for Registration ? The Widow there is 85 years old and could die quite soon. If I keep quiet, I can distribute the proceeds ligitimately or must I reveal the Truth as to how the Property as our former Family Home was divided into two Lots with the Driveway being the only possible means of access to permit this money-spinner at Bath Spa House Prices.
It has only surfaced as I an Executor and I have access to all Diaries and Paperwork now ... even though it is in The Algarve.
The Rotary Club at Estoi Palace, Algarve has listened to my concerns. The comment as Mother is deceased in Portugal after being there as a permanent resident with Fiscal Code Identity for Portugal, I am told the Estate is supposed to be registered in Portugal for Probate as Mother has been registered with this as her Domicile.
So, the original problem, left un-solved due to the Employer being held liable for leaving her Employee crippled, was a Headache, too much to understand from being in Hospital, basically just trying to stay alive, a Land Problem was second place. Also the Divorce of Parents may have clouded issues for solicitors to see who owned the driveway ... not trying to make up excuses for them, but as her injured employee, it leaves me shocked to find what seems to be un-just enrichment from the employee having spent his £25,000 injury compensation on buying Propertyy for other people to simply become Rich ...
It is only through the crippled employee being executor for his late mother's estate that the truth emerges because a cogent history presents itself.
H.M. Land Registry at Plymouth has acknowledged my observations and has written to confirm the Statement of Truth has no bearing on the current reality with the Title for Succession coming from the Deeds on the two dwellings bought by the writer.
Effectively the Process has left the writer penniless and crippled, where obviously an elderly lady had financial advice and other influences to guide her to maximise on her wealth, to be a millionairess ... by simply saying , The Deeds for the Land have been Lost. Please help me to clear my Head of this worry. I am being honest and open because I see if you lie to the LAnd Registry, you can be sent to Prison for Ten Years or face un-limited fines, or Both. Please accept also, if as her Son I was asked to vouch for her Character, this Lady was in Business and is respected in the Community, so I doubt Avarice would have been the reason, or greed, to falsely provide H.M. Land Registry with incorrect Information. However, I am not a Judge. My reason for writing to to establish as I am sure you do agree, I must not be seen to be an Executor who is happy to perpetuate a Myth, simply to have more than £1 million in my care.
In the year 2002, I was fortunate to meet the person who was the Barrister for my Personal Injury Award Case. The Person is now a Circuit Judge at Bristol. Since his Words to the writer are clearly remembered, please let me know if it may help if I report myself to him now. His Words, clearly spoken as I left The Bristol Law Society in January 2002, Peter, your Case is indelibly imprinted upon my Memory and you must not hesitate to make contact with me should you need my advice.
Can I still ask his advice now my barrister is a Judge ?
God Bless, yours, Peter on Sunday Morning at Falmouth Cornwall.
In my Position, I do not think of myself as having a friend. I know he was sincere and I am told he is now His Honour Judge Andrew Rutherford , Bristol Circuit Judge. In reality I confess not to even know what is a Circuit Judge or how to go about telling him the consequences of surviving a ghastly car crash until 2012 where I outlive the driver, my Employer and my recently departed dearly beloved Mother all in one. He possibly may not wish to help me as much as you are doing. This help is really appreciated. All I amsaying as time goes by, I think the role of Employer was swept under the Carpet as People are mentally challenged when a Mother has accidentally killed her Son, who has been successfully resuscitated by Mr Charles Gordon Scorer, M.D. , F.R.C.S. at Hillingdon Hospital Intensive Care Unit.
To-day I see my fear of upsetting anyone has let years pass where I could have avoided living on Income Support and being down-trodden by un-caring Civil Servants. Now I see the Money which was accrued by selling my Land, it is rather shocking. I have debts now of more than £30,000 because I must find out what has to be done in terms of natural Justice. Is a Barrister still a Barrister once he is appointed as a Judge or can he refuse to speak to an old Client in Distress? Thanks,
Please look at the Status in my present capacity and I am reading how 1. The Status of Executor is one which is a Legal Entity in its own Right. 2. The Statutus of being the first-born Child of the Deceased : a Son. 3. In Law, after a work related Industrial Injury M4 collision, as her passenger I am the industrially injured Employee and this is the important part. As the industrially injured employee, I entrusted my affairs to my Parents who divorced. In the Divorce, a Conveyancing Error was the Cause of Land being mis-appropriated and legally handed over for my former employer/ late mother to obviously create un-just enrichment or more importantly, to leave me penniless. This is surfacing as I read through the history of how our dear Mother became a Millionairess at the time of her Death in sunny Portugal. The Help I request is to see precisely how to prioritise the Probate. I say my Land was the route to bweing a Millionairess and H.M. Land Registry has acknowledged a Declaration of Truth is incorrect. At this moment in time I am asking, the money is in the bank as the sale took place December 2010 and mother fell ill before she could come to England to collect the Money. She died as a Pauper in a State Hospital so it was not good timing. The Probate information is still in her home in Portugal, locked-up. I am told here, the money from the sale of the family home in December 2010 is in Lloyds TSB Bereavement Department safe-care. I must arrange probate and I think in Portugal it costs 1,000 euros. However, IF I do nothing to report the false registration statement, then MY LAND as a valuable consideration to be paid equitably, will be ignored. I wish to know what I am to do to highlight as a Family I trusted my Parents to look after a disabled Son who had used his car crash compensation to buy property to give himself security for old age. I ask how to evaluate the driveway equation where the massive amount of Money has changed hands without one penny coming my way. I do not like to think of creating a conflict at a latrer stage so I ask for your advice on how to initiate my clear knowledge of material facts NOW. I think then, later it will be for me to have some valuation or court judgement on what money belongings to the rightful holder of the deeds, as this is now established with H M Land Registry at Plymouth for this Title.I am totally un-professional and I thank you for bearing with me. It cannot be every day you have this on your Plate... so I understand it is a really life-changing discovery if I can be myself and escape from Bureaucracy denying a disabled person the benefit of his car crash compensation ... It is really awful now I see the amount of Ignorance which was used to leave me in poverty. thanks, yours, Peter
Dear LAW , Your Words have been the source of quite serious Headaches and weakness in my Body. However, H M Land Registry wrote to me from Plymouth and on Friday, January 13th. the Letter explained how I have been involved with buying Land with 2 Homes where the Driveway Access/ Egress in the Light of the Information, shows there was a First Registration of the House adjoining which was due to Divorce. The Driveway was not conveyed to the Divorcee as she swore in a Statutory Declaration, stating the Deeds for the Driveway must have been Lost. In reality the Epitome of Title shows the Driveway as having been established on MY TITLE. So the succession of title for the Driveway is, as the senior Officer states at Plymouth, genuinely on my Deeds but it has been registered with the house next door's Deeds ~ on Possessory Title from April 2002 . The Land Registry at Plymouth has not yet accepted the Driveway for Absolute Title. I think you can imagine this is causing me to feel ill because I was PHYSICALLY ATTACKED due to this mistake. I am a person who has been made to suffer and I think my Life Expectancy is seriously reduced so I must not let it upset my Health. The Answer I have to request after your kind words is to say, as I am as poor as a Church Mouse, do I run away or do I tell them they have ruined my Life by taking away my Rights to my peaceful Life as a Disabled Man ? I also wish you a Happy 2,012AD New Year as I ask for a simple Answer. The Land Registry at Plymouth states in the Letter of Friday, January 13th : The File has now come to light despite notification from the relevant file store repository to explain the file was not filed. The said file is now reported to contain a conveyance dated 10th January 1977 whereby the owner in consideration of a conveyance of even date released all interest in " West Wing " . However no copy of ( or details relating to ) the conveyance of even date referred to were ever lodged on first registration.Therefore to comment further is impossible. I trust this information will be of assistance to you ... yours etc. Senior Casework Team + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + As an Expert, can you imagine, a simple person as I am, I was on Google when you wrote to me. I am reading how a Conveyance requires Title Deeds for a Conveyance to even be POSSIBLE. Thus, I am pointing out the obvious and I have no idea of what this implies, but the 2002 Declaration of Truth, when put in context with my my Deeds ( which I hold , going back to 1847AD , Susanna Euphemia Beckford ~ Duchess HAMILTON. ) as well as this Letter with the notice of NO INFORMATION on first registration, I see no reason to attribute the error to a genuine mis-understanding in a Divorce settlement, but I have paid dearly for this mistake. Therefore your Answer will be welcome to this Friday the 13th Letter which has knocked me sideways. God Bless, yours, Peter
HERE is the Point, in England to BUY LAND... can you buy land without any Deeds being made ? Can you own Land without any Documents ? What does Epitome of Title mean in plain English ? Thank you.
Sunday, January 15, 2012 1:44 PM EST
No, you can not buy land without deeds. No you can now own land without documents.
I beg your Pardon, but I am reading , I cannot buy land without deeds and this is clear. Then you write you can now own land without deeds .. so as I am a keen reader, is it possible I read NOW OWN LAND when it is possibly a W instead of a T ? This would read as NOT . Sorry, but the way in which this is written, I wonder if I am rude to ask, but is it correct
You point me in the right direcxtion as you write DEFECT IN TITLE so I have to report a DEFECT IN TITLE . This sounds right. I bought my Land in 1975, September 26th. so I have rights over the driveway ... I think a possible reality is you are going to help me find I have been suffering abuse as I am entitled to use the driveway. I am keeping my fingers crossed anyway as to W or T as in NOW or NOT ... thanks , I value this help, yours, Peter
No you can now own land without documents.
Excuse me... is it as you have written : you can now own land without documents. OR you can NOT own land without documents ?
Dear Expert, Thank you, I have my Epitome of Title from 1847AD at Bath Spa where mandatory registration commenced in May 1974AD and I purchased my Property on September 26th 1975.
A Restrictive Covenant was ignored in 1957AD and when I bought my Property, on my Deeds it showed the 1957AD Newly erected Garage was sold for £12.00 to my Neighbours. The Solicitors faioled to correctly arrange a Deed of Variation and this has been the Case ever since, just a grim silence with the neighbour. However, the other neighbour has given in May 2,002AD a false Statement of Truth to Her Majesty's Land Registry at Plymouth. The Senior Casework Team has confirmed how MY registration carries the Epitome of Tile for Succession , so the Neighbours have effectively told a Lie and been awarded Possessory Title. Only now, when my Mother just died, have I found the Truth. How many Years can I have before I lose the Ownership of Mt Property if a Lie is told to gain Possessory Title in May 2002AD ? Do I just register it as absolute title because I have the correct deeds ?
FROM MAY 17th 2,002 when the incorrect Statement of Truth allowed Possessory Title, am I involved with the possible Expiry of a TIME LIMITATION ?
Now it is January 2012 ... thanks, yours, Peter.
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