Ross made a gift of his four-bedroom home to his niece Phoebe in his will when he passed away on 15th July 2008: Land Law Assignment, GC, Ireland

Question:

Ross made a gift of his four-bedroom home to his niece Phoebe in his will when he passed away on 15th July 2008. The bequest was made subject to a right of residence granted in favor of Ross’s sister Monica. Monica and Phoebe had always been friendly, and Ross presumed that they would work out a peaceful living arrangement together. Phoebe learned soon after moving in with Monica that she is a very difficult person to live with, she was extremely pedantic about cleaning and everything in the house being ‘up to scratch’ and ‘just how she liked it. Phoebe has recently gotten engaged and has concerns about starting a family in light of how difficult it is to live peacefully with Monica.

Before she commits money to do the house up, she would like greater clarity around her options. She asks you for your legal advice as to whether she can force Monica to move out, or to what extent she can “encourage” her to leave. Monica has been in a relationship for a while but is not residing with her partner. In light of this, Phoebe wants to know whether, if Monica decides to leave and live with her partner, she could then return in a few years if it does not work out, and demand the right to live in Phoebe’s house again. She brought a copy of the title deeds and you note that Monica’s interest in the property is indeed registered as a burden on the Land Registry folio.