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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a property question. a family member and i agreed

Customer Question

Hi I have a property question. a family member and i agreed to purchase a flat. they put small deposit and got mortgage in sole name. the agreement was on sale of property i would get 50% and they get 50% after all expenses/taxes. i paid all mortgages, service charges, paid for bathroom, boiler, kitchen, flooring, decorating, labour works, household bills and furniture for 14 years and still am. they do not want to sell and now saying i have no interest property. do I have any rights of property. we are siblings? They have no contributed to a single penny ie no mortgage payment, no service charge payment and no payment to maintanence/decoration. i have all paperwork - they dont look after paperwork i do this for them.

Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
How much is the property worth and how much is outstanding on the mortgage?
What evidence do you have of the agreement that you made?
Clare
Customer: replied 1 year ago.

property worth 250k and remaining mortgage is 50k.

Stupidly a verbal agreement.

Customer: replied 1 year ago.

sorry clare how long do you need now?

Expert:  Clare replied 1 year ago.
HI
My apologies for the delay
The fact that you have made payments and increased the value of the property and paid the mortgage gives credence to the existence of the agreement between you - and of course other people may also have been aware of it and could give evidence to support you.
This means that you have a claim on the property - either based on the verbal agreement or on the basis or on the basis of Proprietary Estoppel
You can read more here
http://www.sleeblackwell.co.uk/blogs/modern-law-proprietary-estoppel.html
and here
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
I hope that this is of assistance please ask if you need further details
Clare

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