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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I share a freehold. I've sold my flat, I have a buyer. The

Resolved Question:

I share a freehold. I've sold my flat, I have a buyer. The upstairs neighbour is unwilling to sign documents. He is representing himself. He is slow answering letter and emails and making all sorts of petty excuses. I think he is doing it to be malicious. What can I do?
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you.

What does he need to sign documents please?

Customer: replied 11 months ago.
1 - I do not agree to the deed of variation. With regard to the TR1 the ID1 form requires me to share more personal information than I am happy to. If a solicitor is needed then I will require the buyer to cover costs.
2 - The breaches I have highlighted to date were previously shared with you. Has Ms Livingstone made any progress in resolving them? I do not intend to grant retrospective consent and pay for the lease to be changed.
3 - If the buyers solicitor could let me know what you have told them that has prompted this question then I will try to answer it. My understanding was that Ms Livingstone’s offer expired, and that it covered the lower estimate of the costs for her choice of building company.
4 - My preference is that an acceptable insurance policy is taken out in the joint names of all the freeholders.This is the last email
Customer: replied 11 months ago.
I am asking on behalf of a friend btw. This man, we all feel, is being purposefully obstructive. It's not a legal thing with him it is malicious.
Expert:  Ash replied 11 months ago.

Ok - you can seek a Court order to make him sign.

You would need to complete form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

And N16a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

The court can set the matter down and decide whether to make him sign the documents.

If the court does and he refuses this could be contempt of Court which he may be warned, fined or sent to prison

Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
How long will this take?
Expert:  Ash replied 11 months ago.

You can get an emergency injunction within 24 hours. But usually you could get this within a few days on notice.

Does that clarify?

Customer: replied 11 months ago.
But surely my friends solicitor would know this? So maybe there's a reason she's not done it.I may have been too hasty doing this as I don't have all the facts.
Expert:  Ash replied 11 months ago.

Maybe so, there is a cost to it which may be why. Cost you around £1,000 to get an Order assuming its not contested

Can I clarify anything else?

Customer: replied 11 months ago.
this all feels a bit rushed
Customer: replied 11 months ago.
I don't think so.
Expert:  Ash replied 11 months ago.

What else would you like to know? I am only too pleased to assist you

Customer: replied 11 months ago.
This person 'appears' to be being awkward. The reasons he is holding up as reasons not to sign are trivial (very). But presumably they are within his rights. I suppose I was wondering if there were specialised lawyers or mediators that can get the 2 parties together and look at what the problem is. Rather then going to court. I find it ridiculous that someone, in this case this idiot, can have so much power in this situation. Or maybe my friends solicitor is not very good!
Expert:  Ash replied 11 months ago.

I agree, it could be that you can't be held to ransom or the Solicitor isnt very good.

If you need a quick solution a Court order is appropriate.

If you have a bit more time get your Solicitor to write and say sign or else we are going to get a Court order and seek costs against you.

That may do the tick.

Does that clarify?

Customer: replied 11 months ago.
I think so. But I suppose the worry is, if that doesn't work he could become even more entrenched and nasty.
Expert:  Ash replied 11 months ago.

Well that is always a risk. You could try a more softly softly approach, but of course the clock is ticking.

I can only tell you legally what your position is and what you can do for a quick fix.

Customer: replied 11 months ago.
Anything else we could try?
Expert:  Ash replied 11 months ago.

Mediation is a possibility, but that takes time.

Customer: replied 11 months ago.
ok thanks
Expert:  Ash replied 11 months ago.

Can I help you with anything else at all today?

Customer: replied 11 months ago.
no, thanks
Expert:  Ash replied 11 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance!

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