Right of residence wording

pob

Registered User
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I wonder can anyone help with this question?

My father died in 2013 and left his property to myself with a right of residence in favour of my brother as long as he shall remain unmarried. It is highly unlikely he will ever get married. He stays in house roughly for a week once a year as he works abroad. However I would like to have this right removed. I have asked him and he would have no problems with signing a document if we were to sell etc.

The wording on the Land Registry is folio the rights of xxxx to reside in the dwellinghouse as specified in Instrument Number xxx

Instrument Number xxx states "right of residence until he shall be unmarried" This is on the Assent and was signed by the two executors. Is that wording correct??

The wording on my late fathers will was as long as he shall be unmarried. That seems more clearcut.

My question is can I get this burden removed now due to the wording as he is unmarried?
 
This is currently a burden on the Folio in favour of your brother. Contact your solicitor and he will prepare the necessary documentation required to rerlease the burden.
 
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