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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11139
Experience:  30 years as a practising solicitor.
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I offered in writing to relinquish my share of a holiday cottage

Resolved Question:

I offered in writing to relinquish my share of a holiday cottage ,jointly owned with my brother and registered jointly at land registry. I have now received legal documents to sign over my share but I have changed my mind. He had said he could not afford to buy me out.
Am I now in breach of promise and can force me to sign the legal document.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a solicitor in Scotland.
Unless there is a written agreement, in the form of missives of sale, then he can't force you to sign the paperwork. There has to be a written agreement for the sale or purchase of heritable property in Scotland. If neither you nor your solicitor has signed anything then there is no agreement.
Scots law doesn't recognise a doctrine of breach of promise in relation to heritable property.
I hope this helps. Please leave a positive response so that I am credited for my time.
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