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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10550
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My Cousin and I equaly own a 300 Acre field Can I make him

Resolved Question:

My Cousin and I equaly own a 300 Acre field Can I make him sell it
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Provided you both hold the land as "Tenants in common" either party can, if they want, apply to Court for an Order for Sale, if they can not agree amicably as to what should happen to the land.
Court proceedings are of course very expensive and should be seen as the last resort. However, the mere threat of you taking such action may just do the trick, if your cousin is not prepared to buy out your one half share.
If you were to take Court action, you would have to show that you had tried to resolve the issue amicably, so it would be advisable for you to gat a valuation and see if your cousin will buy you out.
I hope this assists and answers your question.
Kind Regards
Al
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thankyou for your reply but my cousin would not give me the asking price Also if the field was owned entirely by one person it would be worth more. Perhaps if it went on the open market the field would attract a lot of people interested in buying it which would counteract the court costs.
Expert:  Aston Lawyer replied 2 years ago.
Hi,
Thanks for your reply.
If it did go to Court and got the Order for Sale, the whole of the land would need to be sold.
You do really need to try and come to an amicable agreement if at all possible.
Good luck.
Kind Regards
Al
Customer: replied 2 years ago.
Thankyou for your reply. I would suggest there would be nothing to stop my cousin from buying the land which he already
owns half of
Expert:  Aston Lawyer replied 2 years ago.
Hi,
Hopefully your cousin will see sense and pay you the market rate for your half share.
Kind Regards
Al
Customer: replied 2 years ago.
Thankyou for your reply I note you say the Market rate for my half share. I would suggest the market rate for my half share would not be worth so much when I am having to sell it to just one buyer, ie there is no competition.
Expert:  Aston Lawyer replied 2 years ago.
Hi,
Well, you may want to accept slightly less than the market rate, on the basis that it would save you on any Agents Sale fees, if the whole of the land had to be sold (whether amicably, or following a Court order).
Kind Regards
Al