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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 9882
Experience:  I have been practising for 30 years.
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12 Years ago my Brother and I purchased our mothers council

Customer Question

12 Years ago my Brother and I purchased our mothers council property on the agreement that she could live there rent free for the rest if her natural life. The purchase was made in her name, with the understanding that it would be signed over to us and that we would then pay for some home improvements.
All three parties signed a contract (attached) setting out our arrangement witnessed by a solicitor. Sine the purchase went through however, our mother has refused to sign over the property which she now intends to sell back to the council for her personal profit.
We would like to know if and how we can place an injunction on the sale of the property will we prepare a case for breach if contract
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
in fact agreement was made in 2002, please see attached file
Expert:  F E Smith replied 1 year ago.

It would have been a good idea if this loan agreement had been registered against the property as a charge.

You could take your mother to court to get an injunction to prevent her selling the house or you can place a restriction against the property which will prevent it being sold unless the restriction is being removed. The loan agreement is sufficient evidence for the Land Registry to agreed to place the restriction on the property.

It’s a relatively simple job for a solicitor but a bit more complicated if you are an individual as there are about 40 different types of restriction.

A solicitor is likely to charge between £200 and £300 for doing the job.

Can I clarify anything for you?

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Best wishes.

FES.