Property Interest Dispute

Summary

Adam and Ben may have a claim to the property if they can prove a beneficial interest through the trust, especially given the breach of trust by Daniel. The classification of the garden room as a fixture or chattel will affect ownership rights. Consulting a solicitor for detailed legal advice and potential action is recommended.

Full Conversation

Adam is the life tenant and Ben the remainderman of a Trust. Daniel Grant, Adam’s uncle, is the sole trustee. The Trust includes a home at * Flower Lane, where Adam, his wife Eleanor, and Ben live. The Trust terms require Adam’s written consent for any sale. In Jan *, Daniel sold the Property to Francesca (his niece) and George for £*,* without Adam’s knowledge or consent. They knew it was a Trust asset, then sold it to Harjot Singh for £*,*. Daniel misapplied the sale proceeds—£*,* to improve his own home and absconded with £*,*. Adam believes Francesca and George were complicit. Harjot, now registered owner, seeks a possession order. Adam wants to know if he/Ben can assert an interest in the Property or in Daniel’s home/garden room, depending on its legal classification.
Here's some general legal information that might help Adam and Ben:
- Interest in Property: Adam and Ben may have a claim if they can prove a beneficial interest in the property, considering the Trust's breach. Legal advice is crucial for this situation.
- Garden Room Interest: If the garden room is deemed a fixture, it could be considered part of the property. If classified as a chattel, ownership might differ. Determining its status involves examining its attachment to the land.
It would be wise for Adam and Ben to consult a solicitor for detailed advice and potential legal action. Would you like more information or assistance in finding legal representation?