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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I own a third of a property the other 2/3rds are owned by my

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I own a third of a property the other 2/3rds are owned by my brother and my sister. It was left to all three of us when my mother died. My brother has lived in it and although it clearly states in my mother's will it belongs to all three children my brother never transferred the ownership over to all three of us - he kept it in his name. He has nearly had the property repossessed once before and my sister and I had to sign documentation stating that we owned 1/3rd each which was passed to the debt collectors. The property was not sold as my brother managed to find a small amount of what he owed. He is now in the same situation again. I was sent a letter from the debt collectors asking me to confirm that I own a third of the property. I have heard no more. I learnt today that the property has been put up for sale and an offer made. The offer made is £200,OOO less than the market value. Also I have not been made aware of the fact that an offer was made. I have a restrictive covenant on the property. Can my brother sell this property without my consent and what will happen to my share and how can I protect myself. Please help
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I am guessing you have a "Restriction" on the title, as opposed to a "restrictive covenant". A Restriction will indeed prevent your Brother from selling the property without your consent. Indeed, his Solicitor will need to contact you and the buyers Solicitor will insist that they see evidence that the Restriction has been complied with, before exchanging Contracts.

It will depend on the wording of the Restriction, but normally, you would sign the appropriate form to confirm the Restriction has been compllied with, IN RETURN for you receiving your one third share.

As there is a lot of money at stake, I would suggest that you contact a local Conveyancing Solicitor sooner rather than later to guide you further.

I hope this assists and answers your question.

Kind Regards

AL

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