Estoppel Question Advise Needed

[Tiger7861]

Me and my partner live in my parents house for 15 years now they want me out in the past on numerous occasions they have promised me and my partner the house but nothing on paper
The deeds are in there name and we have never paid any rent or mortgage but we have spent money on the property over 10 years about 15k . Do I have any chance of keeping the house or staying here we have 2 children the solicitor had advised me of estoppel saying that you parents have broken there promise?Additional DetailsI forgot to mention me and my husband are separated know he is saying that no promise was made I have a witness to the promise but we did apply for local housing housing register waiting for a house will that have any significance ?
As the landlords are saying one of the conditions of staying there was that you stay on the hosing register.
In other words we did not reply to our detriment can this act bee taken like this ?

[Peter Pedant]

yup its here:
http://en.wikipedia.org/wiki/Proprietary_estopp
I think she also has an over riding interest in title under the Land Registration Act 2002 - but again this will have been covered by the switched on solicitior

[FredPuli43]

You never paid any rent or contributed to the mortgage in 15 years. You did however spend what works out as £1,000 a year for 15 years, in improving the house. So it's as though you'd paid rent.

You'll be guided by your solicitor, but I'm at a loss to see how your case fits the authorities. These are along the lines of someone working on a farm for nothing for many, many years, on the basis that the farmer has promised, in some way, that they would get the farm if they did that; that is, seriously acting to their detriment.

[Tiger7861]

Just getting your opinions if possible if a estoppel exists as solicitors only wanna mAke money

[Tiger7861]

Plz explain peter you seem to think I have case?

[factor-fiction]

Yes, it looks as if your solicitor is right.
I'm not sure what you are seeking though- your £15000 back (or maybe less if deductions are made to cover the rent)?
It's also not clear to me where your parents are going to go. Do you want them to move out?

[Peter Pedant]

Tiger - you asked some very well informed professionals about your circumstances

and my opinion is by and large irrelevant
you can't go into court and say " I win because everyone is on my side !"

go with the people you are paying....we think it is top notch.

and yes solicitors wanna make money
BUT I also think he's right....

[Tiger7861]

No they don't live with us this is there separate prop I want them to give me the house change deeds or the court to allow me to live here for life

[factor-fiction]

This is wot PP is talking about
http://en.wikipedia.org/wiki/Proprietary_estoppel
Read it and see if it helps. I think it shows you have some claim.
I am not clear what you are seeking though

[Tiger7861]

If it's proven I'm right will I get the house

[factor-fiction]

Sorry my post at 16:39 crossed with your post at 16:38

[Tiger7861]

Pls do remember it's not my parents house my ex husbands parents house

[Tiger7861]

Me and the landlords son are divorced

[factor-fiction]

I'm not clear what the detriment is.
Did they promise when you would get the house? Maybe it's enough to leave it in their will.
Have they said you have to leave the house?
Are you wanting to get the property in your name so you can sell it?

[Tiger7861]

I forgot to mention me and my husband are separated know he is saying that no promise was madmen I have a witness to the promise but we did apply for local housing housing register waiting for a house will that have any significance ?
As the landlords are saying one of the conditions of staying there was that you stay on the hosing register.
In other words we did not reply to our detriment can this actin bee taken like this ?

[factor-fiction]

Sorry, I can't help further- it's getting difficult to follow and I've got books to mark now.
The devil may be in the detail.
Unless one of our legal experts can invest the time to plough through the detail and add to the legal points already made, I suggest you see a solicitor now, maybe pay for some advice as the stakes are potentially high, and then come back to update us if you wish.

[tonywiltshire]

You may be interested in Yeoman’s Row v Cobbe 2008 and Pascoe v Turner1979, talk to your Solicitor.

[Tiger7861]

I have read all cases on estoppel but it's not easy to win these sort of cases

[boxtops]

I don't understand that either - and there has been no loss, in fact you've never have bought a house for £15K 15 years ago, I hope that you have been putting to one side all the money you have been saving in not paying rent (which would surely amount to more than £1k a year if our rent in the past is anything to go by!) - so you can then use that as a deposit to get your own place now you are on your own. Your parents obviously need the house, a verbal agreement (IMO) doesn't hold water, it should have been in writing, and presumably would only take effect after they died, not now. I don't understand what's been detrimental to you in all this. You've lived there for 15 years, paying no rent, and to me, the upgrades you've made aren't relevant - you'd have done that wherever you lived. Where have you lost out?

[Tiger7861]

One solicitors comments
"Personally, from what you have said thus far, I feel it would be difficult for you to bring a successful claim on this basis because it would difficult for you to allege detriment when you lived rent free in the property for 10 years. In any event, even where you to be successful, it is entirely at the Court's discretion how they order that the promise be upheld.