Question
Agnita is the registered proprietor of Nordic House. The previous owner was Marec. Marec agreed to sell the property to Agnita by a contract dated
Agnita is the registered proprietor of Nordic House. The previous owner was Marec. Marec agreed to sell the property to Agnita by a contract dated 29 September 2021. The date of completion was 1 October and Agnita was registered as the new proprietor on 5 October.
Agnita inspected the property on 28 September. During the inspection, she saw Siegfried. Marec said that Siegfried was his elderly relative. Agnita also observed that the property was adapted in several ways to accommodate someone with poor mobility. Agnita asked Siegfried whether he had any rights in the property. Siegfried looked confused. Agnita repeated the question more slowly. After some hesitation, Siegfried responded that "Marec says I can live here for as long as I need".
Whilst looking upstairs, Agnita noticed several dresses laid out on one of the beds. Marec explained that the dresses belonged to his teenage daughter (called Petra) by his former romantic partner, Heida. He added that Heida has not lived in the property for over six months and that Petra (who did live there) had no rights in the property.
To the rear of the property is an annexe. Agnita saw that the annexe was furnished. A white van, on the side of which was written 'Botulf's Painting and Decorating', was parked on the street, just outside Nordic House.
In November 2021, it came to Agnita's attention that Marec had held Nordic House on trust for himself, Heida and Siegfried, each having had a one-third share at equity under an express trust. Solicitors acting for Heida and Siegfried are both insisting that they still each have a one-third share in the property. They have informed Agnita that the dresses in the bedroom belonged to Heida, who was still living in Nordic House, but who was away for three months on a European tour as a musician. The solicitors add that Siegfried had been living in the property for years, but had been in hospital between 1 October and 4 October. On 5 October, he moved into a care home due to his health needs.
On 1 November 2021, Agnita was confronted at the property by Kjellina, who it transpires had been given an equitable lease of the annexe by Marec, commencing on 15 September. Agnita is refusing to allow Kjellina to enter the annexe. Kjellina had yet to move in because she learned on 15 September that a relative who lived abroad had been badly injured in an accident and she had left to go and care for them. However, she points out that a decorator working on her behalf, who owned the white van that was parked outside Nordic House, was present in the annexe between 9am and 4pm each day between 28 September and 2 October.
Marec moved abroad in November 2021 and cannot be traced.
Advise Agnita.
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