1) Theresa and Angela [“T and A”] have owned the freehold to 1 Acacia Avenue for the last few years. It is currently mortgaged to the NatMid Bank PLC [“NatMid”]. The house does not have either a garden or driveway, so T and A park their car on a piece of private land belonging to Michael [“M”] an elderly but rather charming man who lives next door.
For many years now he has regarded T and A “…as almost like relatives…”. In turn, both T and A are very kind to M and help him keep his small garden tidy, do his weekly food shopping and also help him keep his house clean. He has always been very appreciative of that and has often said to T and A that when he dies “…all my money and this house will be yours…”.
T and A both relied on this statement, believing that it might help them pay off their mortgage one day.
M has never mentioned whether or not he has any children.
Last month M died intestate (leaving no will). Shortly after M’s funeral Boris [“B”], who is M’s only child visits T and A and tells them to remove their parked car from his late father’s land, and also says he will be selling up M’s house as soon as possible, as he would like to have the money from it to travel round the world.
Yesterday NatMid wrote to T and A informing them that due to their failure to make the last 3 months repayments on their mortgage, repossession proceedings will be commenced “without delay.”
Answer for this please
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Property Law watch
- Thread Starter
- 12-01-2017 16:25