Ask a solicitor: What should I do when a right of residence remains on the title?

This situation arises quite frequently, particularly where land has been passed down through generations with provisions made for parents or other family members.

A sworn Affidavit is then prepared, typically by a solicitor. This document confirms the identity of the deceased, verifies that they are the same person referred to in the title, sets out the date of death and states that the right in question was personal and has now ceased. 

Dear Deirdre,

We are in the process of transferring part of our land to one of our children, but when reviewing the title, we discovered that there is a long-standing right of residence in favour of a family member who passed away several years ago.