Adverse possession??

[Leander]

My brother passed away 13 years ago, leaving a purchased terraced house to his ladyfriend.Despite intensive efforts on my familys part to contact her,unable to find any trace. The house has fallen into disrepair, despite our best efforts to maintain security and look after the place.Local council are now pressing to resolve ownership. How do we stand legally to take over, to previously family home again?

[Catso]

Don't know legally, but if I were you, I would do it, and deal with any problems afterwards.

Remember the council has powers to take possession of unoccupied property now.

I'm sure JudgeJ or Buenchico will be along shortly...

[themas]

You should be able to get info on adverse possession from Land Registry website. I think that basically the provsions apply where someone has taken possession of a property and used it as their own. If this is right, you will probably have difficulty as I assume you have not been living there and you have been making efforts to find the person who is the owner. You may need solicitors advice.

[Sooper]

Adverse possession is a trcky area of the law. It normally works if someone can prove that they have used and maintained either land or a property unchallenged.
As Themas says contact the Land Registry who really are helpful and can give you all the free advice and forms that you need . There is a link below
http://www.landreg.gov.uk/regional/offices/

[laura_lou7]

Adverse possession usually realates to squatting. If this woman has neither lived nor maintained the property in the last 13 years, then provided she does not have the legal title to it, the house should belong to whoever your brother left it to in his will, or if he did not leave one, then his estate will follow the rules of intestacy.
If this woman has maintained the house for 12 or more years and the 'real' owners have not made any positive steps to reclaim the house, she may well have a right to the house under adverse possession