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Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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hi there, My issue here is that i had agreed to purchase

Customer Question

hi there,

My issue here is that i had agreed to purchase a portion of my uncles farmyard in 2004. We agreed on a price of £4500 and i had handed this money to him to hold for the purchase of the land. During the process my solicitors had written to my uncle regarding the sale of the farmyard and he had completed a TR1 form. However during this time, my uncle had withdrawn from pre-registration but failed to communicate that with me.

My concern here is did he need to communicate that withdrawal to me? and is he free to withdraw pre-registration considering he still has my money?

I have been further informed that he is now looking to sell the land to my brother, and they have agreed on the same terms. However, would this transaction be valid as I believe i am the owner of the farmyard and have been informed that he would hold the land on bare trustee for me under the principles of equity.

Please can you give me any advice to help me in this situation.

thanks in advance.
Submitted: 3 years ago.
Category: Property Law
Expert:  Stuart J replied 3 years ago.
Do you have a specific question?
Customer: replied 3 years ago.

my question is, is my uncle allowed to sell the farmyard to my brother if i have already paid the purchase price but i have no documentation to prove.

Expert:  Stuart J replied 3 years ago.

Did you ever sign anything at all? It appears not.

 

The Law of Property Act 1925, says that all contracts for the sale and purchase of property must be evidenced in writing and signed by the parties. You have none of that and I am afraid, therefore, that your trust argument fails.

Your uncle, therefore holds the money on trust, but not the property.

He is free to sell it to whoever he wishes.

I’m sorry that this is not the answer you wanted, but there is no point in me misleading you.

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