In 2018 following the death of one of three brothers who owned a one-third share each in a property, one of the surviving brothers removed the deceased’s name from the land registry title register, thereby depriving his estate of a significant asset.
The deceased’s widow together with the other surviving brother brought a claim in the High Court for a declaration as to the ownership of the property (because H.M. Land Registry could not otherwise undo what had been done) together with a claim for occupation rent against the brother who had sought to remove the deceased from the title and who was in occupation of the property. That brother resisted the Claimants’ claim throughout the proceedings.
Relief was granted swiftly by a High Court Master and the matter transferred to the County Court at Central London for further relief to be considered. An Order for Possession and Sale was granted but the Covid-19 pandemic measures delayed possession until late 2021. At a final assessment of damages hearing on 7th January a substantial award was made in respect of occupation rent together with costs against the Defendant brother. Interest was awarded at 4% which is that the higher end of the range normally awarded by the court in the current (low inflation) circumstances. In addition, a significant sum was ordered to be retained on account of costs of other hearings which remain to be assessed.
Ian Beeby acted for the Claimants throughout, instructed by Nicholls Law of Southend-on-Sea.
Paul Nicholls, principal solicitor at Nicholls Law, said: “I have instructed Ian on many cases over the years. I instructed him for many reasons. Ian is a pleasure to work with, he gives solid advice, he gets good results for us, and he is a great problem solver. If you are looking for excellent counsel, look no further!”
