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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7617
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Hello, I own a piece uf unregistered land 50/50 with my aunt

Customer Question

Hello,
I own a piece uf unregistered land 50/50 with my aunt it is a whole piece of land not split in anyway I and my aunt also own a freehold 50/50. Her daughter is acting on her behalf in selling her flat which she wants to do with her share of the freehold and the land, which required a deed of transfer (she tells me) which will attached the land to the leases of the properties I do not want to do this as I live in the property. I have offered to buy her share. Can she sell the land and the freehold without my consent?
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If you own either unregistered land or registered freehold land with another person then they (or anybody else for that matter) cannot sell the land without your consent.

This is because both owners must sign the sale contract and the land registry transfers for both pieces of land. If they do not then the sale cannot proceed because the Land Registry would not register either transfer.

If someone attempted to do this then the Buyer’s Solicitor would immediately raise an enquiry as to why the other owner is not included in the sale and advise the buyer that the sale cannot proceed unless both owners sign the contract and land registry transfer.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Thomas and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.


Hi,


Thank you for your response but can you answer the question of the freehold of the building can she sell her share of that or does she have to offer it to me first.

Expert:  Thomas replied 3 years ago.
Hi,

If the freehold is registered in your joint names (ie. both of you own the freehold on the land registry title) then she cannot transfer her share without your consent. This is because all the signatures of the owners are required on the land registry transfer form.

As to offering the share of the freehold to you, if there are flats in the property which she owns then she would not offer the share of the freehold to you without selling the flats.

You cannot compel her to sell the freehold to you if she is not willing to.

Kind regards,

Tom