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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33955
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Morning, I need advice relating to possibly removing a name

Resolved Question:

Morning,
I need advice relating to possibly removing a name from land deeds.
In July 2015 I purchased some land with a friend. It was agreed that I would fund the purchase initially because my friend was not in a financial position to contribute at the time.
Foolishly I agreed and included him fully on the deeds so we are tenants in common, both with equal rights.
After requesting repayment from him on a number of occassions to no joy, I wrote a formal letter to the effect that he either settles the money owed as agreed or remove his name from the deeds.
I gave him 14 days to reply but have heard nothing from him after a month.
I can prove that I fully funded the purchase as it all came from my bank. The purchase price was £45,000.
I am looking for advice on how to remove his name from the deeds using the legal system.
It was a purely commercial arrangement, this man is not family. The agreement was on a verbal basis so no physical contract exists between me and him.
We originally bought the land to build houses on however I can't move forward with him on this because he hasn't even honoured paying back the initial purchase money.
Hope this is enough information.
Thanks
James
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstIs there anything in writing that evidences this agreement between you?Clare
Customer: replied 1 year ago.
Nothing, it was purely verbal.There is evidence of me paying the solicitor in full for the purchase of the land.The solicitor at the time even said about putting a clause in that until Fred repays me for his half he wouldn't be a co owner on the registry but stupidly I declined because I though there wouldn't be an issueJames
Expert:  Clare replied 1 year ago.
Did the solicitor take instructions from BOTH of you?
Customer: replied 1 year ago.
No, I dealt with the solicitor from start to finish.Mainly by email but also went to a meeting regarding searches e.t.c on my own.Thanks
Expert:  Clare replied 1 year ago.
Did the solicitor get ID evidence from your friend?
Customer: replied 1 year ago.
Yes I believe we both had to take our passports in and give address and NI number e.t.c
Expert:  Clare replied 1 year ago.
So there is clear evidence that you did have a friend who should have paid half You will need to apply to the court under the Trusts of Land and Appointment of Trustees Act for an Order that you aloneshould benefit from the equity in the property.Given the evidence you shoudl have little difficulty in establishing thisYou can read more about the process herehttps://www.slatergordon.co.uk/media/5139437/land-disputes-a-guide-to-procedureweb.pdfignore the fact that it is slanted towards co-habitees - the basic law is the same.I hope that this is of assistance - please ask if you need further details
Clare, Solicitor
Category: Law
Satisfied Customers: 33955
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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