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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I own three parcels of land as half shares with my sister

Resolved Question:

Hi I own three parcels of land as half shares with my sister as tenants in common I
have been advised by my solicitor that I can not force a sale of some or all of these parcels of land without 100% agreement on the part of my sister even if I take her to court if this is true how do I resolve this.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Has your solicitor said WHY the normal provision do not apply?
Clare
Customer: replied 2 years ago.

Hi I am sure the normal provision do apply as she has not said that they do not.

I do not no what the normal provision is as regards this.

L K Hurn.

Expert:  Clare replied 2 years ago.
HI
Can you confirm what the land is and how you came to own it?
Clare
Customer: replied 2 years ago.

Hi Clare,

Land is as follows Bury Farm 166.2 acres.

7.6 acres keely lane

54.6 acres river lane brampton

Land was put in three names in 1984 as a deed of gift myself sister and our uncle, when our uncle died in 2009 he left his third share split 50/50 with my sister.

Expert:  Clare replied 2 years ago.
Hi
When the gift was given were there any conditions attached?
Clare
Customer: replied 2 years ago.

Hi

Only condition was that the donor could live at Bury Farm for the remainder of his life for the rent of £1.00 per annum he died in 1985.

Looking at the Deed it also states the donees and their successors in title can lease or otherwise dipose of all or any part of said property with all the powers of an absolute owner.

Expert:  Clare replied 2 years ago.
Hi
In that case there is no reason why you cannot apply to the court for an Order for the sale of one or more of the properties using the Trusts of Land and Appointment of Trustees Act
This is because Joint Owners of a property always hold the property on a Trust for sale - and the court has the power to end that Trust.
Unless your solicitor gives you a detailed explanation as to WHY such a Court application would not be successful then it is an option that is open to you
please ask if you need further details
Clare
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