How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Property Law Question Here...
Stuart J is online now

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 However during this time, my uncle had withdrawn from pre-registration but failed to communicate that with me.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: 4 years ago.
Category: Property Law
Expert:  Stuart J replied 4 years ago.
Do you have a specific question?
Customer: replied 4 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 4 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.

Can I help further?

Please bear with me today and over any weekends because I will be online and off-line.
Please don't forget to positively rate my answer service (even if it was not what you wanted to hear) and I will follow up any further points you raise for free.
If you don't rate it positively, then the site keep your deposit and I get 0 for my time. It is imperative that you give my answer a positive rating. It doesn’t give me “a pat on the head”, “good boy” (like ebay), it is my livelihood!
If in ratings you feel that you expected more or it only helped a little, please ask me for further info before rating me negatively otherwise I don't get paid at all for my time and answer.
The thread remains open for us to continue this exchange

Related Property Law Questions