removing Right of residence

cousin was left a house by a relative in a Will, with right of residence for life with another relative, not the deceased.

The house in question was in very poor condition and eventually became unihabitable. This was partly due to the fact that elderly person would not allow roof to be fixed, electricity installed and other basic necessities, so cousin bought a new house and elderly relative is now living there and importantly, is very happy there as the facilities are better and they feel more secure.

Cousin wants to sell uninhabitable house now, but solicitor says that there might be problems due to right of residency.

How does he get over this problem?

I would have thought it obvious: get the elderly relative to release the right of residence. There is only a problem if the elderly relative either lacks legal capacity (due to senility, for example) or just refuses to sign a release.

thanks

I'm back.

Elderly person will not sign release. To make things a bit clearer/murkier, the elderly person no longer lives on the property but now lives with Cousin and will be kept there until he dies.

Cousin wants to sell, as old house is falling down and with no one living there, the dampness is taking hold and the place is getting more decrepit as time goes by.

Is there a mechanism by which person with right or I understand the correct term to be 'burden' can be forced to release or can Cousin go to court and make case to judge?

given the relationship between the two, Cousin doe snot want publicity, but understands that if there is a Court hearing, it will be open to public and possible reported in local papers.

Cousin accepts that she will have to consult solicitor, but would like to know a bit more about the process , before she calls in to him.

Maybe the elderly person with right of residence in the old house would sign a release if given a right of residence in the new house. Otherwise if they just signed a release they could/might be put out on the street. Also that person should get independant legal advice whatever he decides to do.

I don't understand when you went to a solicitor in the first place was all that he said "There could be a problem" surely your cousin should have pressed him/her for a solution...

While I know that there are several solicitors who post here (self included) your cousin would be better of trusting the advise that she gets face to face.

That said I don't think the elderly relative could be forced by a judge to give up a Life Interest, it would more than likely have to be by agreement and with independent advice as Bronte said.

"I don't understand when you went to a solicitor in the first place was all that he said "There could be a problem" surely your cousin should have pressed him/her for a solution..."

I imagine they got the same answer as here - if the elderly relative will not willingly release the right of residence for whatever reason ( standard one is cussedness, followed by senility, ignorance, highhandedness, etc.,etc. take your pick), then there may not be a solution. Except to wait for elderly relative to die.

Sometimes, there is no magic wand.

mf

If holding onto the property would it be worth doing it up and renting it out so that it doesn't become a depreciating asset which give no return. Can't see how the elderly relative can prevent the house being improved. The person who is owner has rights too surely?

thanks for all your help.

of course in a real world, Cousin should have pressed solicitor. However, being a quite person, they simply nodded in agreement and never questioned further. I was simply trying to get some info, so that i can not only give pointers to Cousin, but perhaps even write down questions to be asked when going back to solicitor.

Position now is that roof of old house has collapsed in. The house is not fit for any form of habitation and relative will be kept with cousin until she dies. There is no question of relative being thrown out on the street.

I also raised question of trying to repair/restore house, but Cousin dies not have funds. Low paid job and plenty own debts, such as mortgage and car loan. There was a small bit of land with the house and Cousin could sell a site to restore house, but again I understand that relative must sign off on this.

Again, thanks to all. I now have a few pointers.

What are the problems?
Can we transfer the right from unihabitable house to Cousins own house?
how else can we deal with the situation as the house as it stands is not an assett, but a liability?

Will report back later

The probelms are that there is a specific right of residence in a specific property, the right cannot be transferred without agreement and the elderly relative does not appear to be willing to co-operate. God knows why. Is there no-one to mediate, the parish priest for example.

It's a sad situation for your cousin.

Would the relative go to an independent solicitor and take advice on what the current Right of Residence is for? Once it is explained it might be easier to obtain her consent re releasing the existing Right of Residence under the condition that a new one is put in place for the property she currently resides in (once her rights were explained and understood)?

Are there any other family members who might be able to reason with her to go to a solicitor to do the above?

Update.

Older person now happy to be living in new house, especially when shown photos of the old one with the collapsed roof. All documentation is now being signed.

Thanks for all your input.