Rights of a part owner

B

BillDoyle

Registered User
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Hi, just wondering about the legal right of a part owner to built on the property.

the occupier of the property owns 1/9 of the property. her brother owns 7/9 and another brother owns 1/9 as well. What right has the occupier, who only owns 1/9 of the property (and her husband to build on the property (e.g an extension).

There is no communication between the 2 brothers and the sister. There has been no work on the property in a long time and the shed, chimney and boundary walls are in need of repair.

Occupier lives there free of charge with husband and adult daughter (not sure about the right of residency) and did NOT contribute to household bills when parent was alive

7/9 owner has not challenged the 1/9 owner's right to live there and does not benefit from the property. The 2 live next door to each other but there is no communication. He is worried about possible building work taking place on the property

The second question involves general pollution and untidiness around the side and front of the house that has been created by husband of the occupier (1/9). Who is liable for this if county council environment officers pursue a case?

Many many thanks for any comments
 
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This is impossible to answer, particularly in relation to the right of residency, without answers to numerous questions - which may in turn lead to further questions.

Certainly, the 7/9 owner and the non-occupying 1/9 owner should seek independent legal advice to protect their interests.
 
Thanks for your reply. I edited the first post because i made a few mistakes. the 1/9 owner is assumed to have right of residency based on the fact that she was born there and lived all her life there (60 years) She lives rent free and her occupying the house was never challenged by the other owners.
 
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What a mess.

Be warned siblings out there, don't agree to co ownership after parents die, sort it out then and not later.

So your sister has been living in the home all her life, 60 years, now with her husband and son. Nobody is talking and everybody is fighting about who is or is not doing what.

Solution, you ignore it and leave it all to be handled by those who inherit from you.

At this stage it would seem to me the sister should be left in peace in what has effectively become her home.

Life is not worth the continuing simmering little war.

Alternatively go to a solicitor and start a full blown world war 3 that will have everybody even more cross and angry for the rest of your lives.

Can you tell us what you yourself would like to actually happen in concrete terms.
 
I am not the person involved rather a friend and neighbour. It is a mess for sure. The 7/9 owner just wants to know what is legal rights is if building takes place, that is all. Its not has straight forward has a simmering row either. I will try to explain, having lived and witnessed this in my 40 years living here.

The woman and her daughter are a nuisance in the local area, banned from every shop and pub near by for being abusive. She has been abusive to her neighbours, including her brother and his family for 30 years. The guards don't want to know about it. Another neighbour, not related, took her to court for trespass, breaching the peace and intimation years ago.

The main concern is that she continues to shout and abuse at her brother's family next door. The trees he grew for privacy were poisoned and his grandchildren cannot play in the back garden free from abuse and dirty language. The fact is the woman is violent, unstable and has learning difficulties. There is no way to reason with her and successive guards have been afraid to deal with her. She abused her elderly mother in her own home while she was still alive, she had to move into her brothers while still able to look after herself. This is in my opinion when something should have been done. But the old lady did not want to do anything and her sons buried their heads in the sand about their sister.

Her husband and daughter are similar. He has been involved in many criminal activates and as being caught in the area looking in windows at night etc. She abuses all neighbours who try to ignore her behaviour. She has been left alone to live in the house by the brother who tried to ignore the progressively worse abuse and terrible behavior in the local area.

But he is worried that she plans to perhaps over look is wall by changing the small flat roof porch area at the side into a larger higher room with windows. as she often spends hours standing on a ladder to look in over his wall. There you go that the situation, its very difficult for his family to be associated with these people as i am sure you understand.
 
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BillDoyle said:
I am not the person involved rather a friend and neighbour. It is a mess for sure. The 7/9 owner just wants to know what is legal rights is if building takes place, that is all. Its not has straight forward has a simmering row either. I will try to explain, having lived and witnessed this in my 40 years living here.

The woman and her daughter are a nuisance in the local area, banned from every shop and pub near by for being abusive. She has been abusive to her neighbours, including her brother and his family for 30 years. The guards don't want to know about it. Another neighbour, not related, took her to court for trespass, breaching the peace and intimation years ago.

The main concern is that she continues to shout and abuse at her brother's family next door. The trees he grew for privacy were poisoned and his grandchildren cannot play in the back garden free from abuse and dirty language. The fact is the woman is violent, unstable and has learning difficulties. There is no way to reason with her and successive guards have been afraid to deal with her. She abused her elderly mother in her own home while she was still alive, she had to move into her brothers while still able to look after herself. This is in my opinion when something should have been done. But the old lady did not want to do anything and her sons buried their heads in the sand about their sister.

Her husband and daughter are similar. He has been involved in many criminal activates and as being caught in the area looking in windows at night etc. She abuses all neighbours who try to ignore her behaviour. She has been left alone to live in the house by the brother who tried to ignore the progressively worse abuse and terrible behavior in the local area.

But he is worried that she plans to perhaps over look is wall by changing the small flat roof porch area at the side into a larger higher room with windows. as she often spends hours standing on a ladder to look in over his wall. There you go that the situation, its very difficult for his family to be associated with these people as i am sure you understand.
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She sounds like she needs help. What makes him think she wants to build?

If the Gardai won't do anything, you can be sure the environmental officer won't go near the place.
 
Sophrosyne said:
As mentioned he should seek independent legal advice. Indeed, he should have sought this years ago.
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One does wonder does the antagonism arise from living in a house one was born in but will never have ownership of and can not give to ones child. That might make one fairly miffed. We never heard how that came about incidentally. And those things fester and grow.
 
The registered owner died intestate and left a spouse surviving with 2/3, the other 1/3 divided equally so each child took 1/9 then the remaining spouse left it to son who ended up with 7/9, I presume. What a mess.

She's been there 60 years, she may have rights as squattor. Equally brothers may have rights as they allow her to live there with their consent. Certainly if they allow her to build an extension without challenging it, she will have a better case. But equally if they challenge it they may end up with a bitter costly court action. OP asks with the best of intentions but no one can answer this here. I doubt if any barrister could give a conclusive opinion, unless the facts are much more clear cut than presented here.
 
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I don't know Bronte, but pondering this will not help.

For the sake of his own children and grandchildren, 7/9ths needs to clarfiy matters now.
 
Sophrosyne said:
For the sake of his own children and grandchildren, 7/9ths needs to clarfiy matters now.
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Thanks to Vanilla the split makes sense now. Interestingly it's the second odd split I've seen on here this month. Always leads to antagonism snd worse as we can see on here.

The 7/9ths who has done nothing but moan for 40 years did nothing about it up till now and will probably still do nothing. Even if he does something, what is it he going to achieve. Sounds to me like he has his house, and he should leave his ill sister do whatever it is she does as nothing is going to change that. Going legal is costly with no certainty as Vanilla said.

Probably should sign the place over to her and walk away. And surprisingly enough it might just calm her down. Will he do this, not a hope in hell.
 
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If the extension is to the side of the house and changes the frontage of the house then the planning office might sort the problem as they would need planning for that and if they start without it just notify planning office. Equally if they do apply for planning you can object to a window looking in and depending how close it is etc planners may agree and insist it is opaque or not there at all. The rest is just a mess.
 
Thanks again for all the replies.

Sophrosyne said:
That is the question being asked. Nothing else.

He is entitled to know his legal rights.
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That is exactly it. Thanks sophrosyne

Thanks Vanilla, i believe that is how the house was divided when the father died without a will and then his mother left her 2/3 to him with agreement of the other brother. He assumes she as squatter rights at this stage

Bronte, I think you missed the point. He didn't moan at all. He ignored her behavior and just let her live there for the sake of peace because she is ill and extremely difficult person. Why should he sign it over to here? She has never spent a penny on the place yet she de facto owns the place, this is not the source of the aggro. The source is her proximity and her behavior. Her behavior is caused by illness and low IQ. She never got help when she was young. He has his house you are correct but because the houses are so near any work on the house will affect him, don't forget she abuses her neighbours and her brother/family verbally almost daily.

Monbretia he is hopeful that the planning authorities would address the situation if need be but of course this will cause more problems for the women who will be even more difficult to live with!.
 
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