Many families make arrangements based on trust and good faith. A parent may move into a property owned by a child, contribute towards improvements, and assume they will have a home there for life. However, when relationships break down, these informal arrangements can quickly lead to disputes. 

A recent case before Alloa Sheriff Court involved a son seeking to remove his parents from a property that he owned. The parents argued that they had been promised they could live in the house indefinitely and had spent a substantial amount of money renovating the property after moving in. 

The court focused on a key issue which was what had actually been said. The parents claimed a promise had been made, but they were unable to provide the specific words used. Sheriff Charles Lugton explained that when someone relies on a verbal promise, the court must be able to consider the actual wording to decide whether it created a legally binding agreement. Simply saying that a promise was made is not enough. 

The court ultimately ruled in favour of the son and ordered that the parents leave the property. While the case highlighted a difficult family situation, the sheriff found that those wider family issues did not affect the legal question the court had to decide. 

This case is a useful reminder of the importance of putting property arrangements in writing, even when they involve close family members. Having a clear written agreement can help avoid misunderstandings, uncertainty and costly disputes in the future. 

If you have concerns about property rights, living arrangements, or a family agreement involving a house or land, The McKinstry Company would be pleased to assist. Please contact our team for advice tailored to your circumstances.