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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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We have a derelict barn which has a section 106 affordable

Customer Question

We have a derelict barn which has a section 106 affordable for local needs, however this has proven impossible to sell as low income can not afford to buy it as they won't get a mortgage as its derelict and people with high income can not buy it as they don't fall into criteria of the 106, we have tried everything for the past 5yrs to get this 106 off but to no avail, however the council now has offers to take off the 106 if we pay commuted sum of 30% problem we have is there is 3 acres of land with the barn which makes it worth considerable more around 150k without the 106 but worth 128k with, now 30% of either is a lot of money to lose, My husband has now thought there might be a loop hole, were thinking of selling the barn to our daughter for a low sum of 50/60k and paying the 30%, to release the barn of the 106 clause, Can we do this, also could we sell on paper only without any money exchanging hands and we pay the council their 30%, would like your views on this matter please
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.

Can we have full details of and why the 106?

Did you develop other land nearby?

We need full background please.

Expert:  Hannah-cssm replied 4 years ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at [email protected] and provide us with your email address and a link to this question page so that we can help you. (http://www.justanswer.co.uk/law/7kysi-derelict-barn-section-106-affordable.html).

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Expert:  Stuart J replied 4 years ago.

Can we have full details of and why the 106?

Did you develop other land nearby?

We need full background please.

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