How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

I am buying a parcel of land from a landowner, he is in the

Resolved Question:

I am buying a parcel of land from a landowner, he is in the middle of getting the deeds changed, the land will be jointly owned by me and another person, if we draw up an agreement saying what acreage we both own and the access points to the field, then if we both sign it and get witnesses will this be legally binding in a court of law?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Could you kindly clarify what you mean by "he is currently getting the deeds changed" please?

Joshua :

Do you know what he is changing? Does he presently own the land to sell?

Customer:

yes he owns the parcel of land, and we have agreed a price and he has got his own solictor to change the deeds to our names

Joshua :

Thanks.

Joshua :

So the proposal is to jointly own the land between two of you but in practice for each of you to exclusive occupy one part of the land. is this correct?

Customer:

yes that is correct, we are both sister in laws and we are hoping if we just make an agreement which we both agree to, and we both sign it and get it witnessed, this will be ok.!

Joshua :

Thanks. Finally do either of you plan to develop your part of the field - e.g. barn, stable etc? Is it important that the other does not enter the others part of the field? Would it be important to prevent the other from selling without the others consent?

Customer:

no we do not plan to build in either part of the field. Both of us have horses, so they will be in theory running together in the same field, and we will put in the agreement that neither of us can sell without the other ones agreement!

Joshua :

Thanks. So it is principally about ensuring each of you own 50% of the value of the land and the part of the field you each want is a secondary issue. Is that correct. That's my last question.

Customer:

yes that is correct

Joshua :

Thanks. If the issue is principalluy about ensuring each of you specifying you own 50% of the value of the land, you should ensure that you register your title as tenants in common. You can also specify on the transfer deed what percentages in terms of value each of you own in panel 10 of he transfer deed (TR1) - this is the document that the seller must use to transfer the title to you. You can includ an additional provision whereby one of you agrees to give each other a minimum period of notice for example if either of you wish to sell. This is one of the simplest approaches you can use.

Joshua :

If you have not used a solicitor and his solicitor is dealing with the matter for you (which is slighly unusual incidentally unless you are related to the seller, and notwithstanding this arguably a breach of the solicitors code of conduct so do ensure you are satisifed that all is proceeding as the seller claims) and registration of your title is already underway then you can prepare a simple agreement that sets out that you each own 50% of the value and any other conditions you agree between you.

Customer:

the land owner is another brother in law!

Joshua :

OK that makes sense. It would be unusal for a solicitor to agree to act for both parties in other than family situations. That seems fine.

Joshua :

If you prepare an agreement such as the above you can both sign it, ideally with an adult independent witness and it would be binding in court providing it is clear.

Customer:

brilliant, that's what we wanted to know, instead of getting another solicitor involved!

Joshua :

If you wanted to go on to physically segregate one part of the field each then you could consider granting separate licences to each other for each part of the field so that each of you has a right to occupy your respective parts of the field. Unless you have trust issues between you though which I assume is not the case, this further step is probably unnecessary as it will probably suffice just to informally agree between you which parts of the field you will each occupy from time to time.

Joshua :

If you wanted to formally divided the field physically between you though you could consider a grazing licence such as the following:
http://www.netlawman.co.uk/d/agricultural-licence

Customer:

i think we most probably have a grazing licence as we are already landowners ourselves, but would have to check that one out.

Joshua :

Otherwise just check the solicitor is registering you as "tenants in common" rather than "joint tenants". Both types of ownership presume 50/50 ownership but the important distinction is that in the even of onw of your deaths, if owned as tenants in common, your share will be left under the terms of your wills, whereas as joint tenants, irrespective of any agreement you draw up, your respective shares will accrue to the surviving joint owner on death which may not be what you want from what you say.

Customer:

or right that sounds good advice, will do that, thanks

Joshua :

Reference the grazing licence, as above this is probably unnecessary in favour of an informal agreement but if you prefer to have something formal, you can consider a grazing licence with a plan showing what each of you are entitled to use. It is very much up to you.

Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me

Customer:

i think we will be ok with that, we have a friendly family !

Customer:

thanks for all your help, and will be submitting an excellent face.

Joshua :

Many thanks

Joshua and other Law Specialists are ready to help you