Life Tenancy

This forum is for Garden Law problems that don't fit into the other categories. Please treat it with respect.

Moderator: Angelisle

Post Reply
Paddock
Posts: 344
Joined: Thu Jan 03, 2019 3:37 pm

Life Tenancy

Post by Paddock »

Just wondering if anyone can give a breif summary of this?

Context is my long simmering border dispute if with a life tenant (LT) and their Landlord. Neither have ever shown the current or past LT agreement or any map of its (garden) area. Suspicion is because it would prove my position.

Main question is ... would the LT agreement be lodged somewhere for public access? Could I get hold of it? How does the tenant prove they are an LT to a new landlord if the property is sold?

Etc, Etc really.

Many thanks for any help.

Paddock
Collaborate
Posts: 3606
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Life Tenancy

Post by Collaborate »

A life tenant does not have a landlord. A life tenancy is an interest under a trust, in which typically the life tenant is entitled to the property (to live in it, or to take rent from it), until they die. Life tenancies are often to be found in wills, especially when it's a second marriage, and the deceased wants to ensure that their interest in the property goes to their children from their first marriage after their surviving spouse has died.

Needless to day, the public has no entitlement to any information in respect of these interests in land. All the public needs to know is who the registered proprietors (legal owners) are.
pilman
Posts: 3614
Joined: Thu Mar 11, 2010 4:08 pm

Re: Life Tenancy

Post by pilman »

A will is a public document after probate has been granted, so if it were known who could have created the lifetime tenancy then obtaining copy of their will can be done on line.
Paddock
Posts: 344
Joined: Thu Jan 03, 2019 3:37 pm

Re: Life Tenancy

Post by Paddock »

Collaborate wrote: Fri Feb 09, 2024 2:42 pm A life tenant does not have a landlord. A life tenancy is an interest under a trust, in which typically the life tenant is entitled to the property (to live in it, or to take rent from it), until they die. Life tenancies are often to be found in wills, especially when it's a second marriage, and the deceased wants to ensure that their interest in the property goes to their children from their first marriage after their surviving spouse has died.

Needless to day, the public has no entitlement to any information in respect of these interests in land. All the public needs to know is who the registered proprietors (legal owners) are.
Thanks for the quick reply Collaborate,

Based on what you said I rechecked things and it looks like I have been using wrong terminolgy. According to the original sales prospectus the tenant has a 'statutory tenancy' granted in the 1990's and was paying rent to the original property owner. The owner has changed hands two more times since then.

Paddock
Collaborate
Posts: 3606
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Life Tenancy

Post by Collaborate »

A tenant will have their tenancy agreement to show to the new landlord. It is a private document.
Post Reply