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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 11153
Experience:  Barrister 17 years experience
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I am the youngest of 9, my mother dies without making a

Customer Question

I am the youngest of 9 , my mother dies without making a will , 27 years later family still arguing about the field , if the majority agree to sell does that stand
Submitted: 10 months ago.
Category: Republic of Ireland Law
Expert:  Nicola-mod replied 10 months ago.
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Expert:  Buachaill replied 10 months ago.

1. There Caitlin, there is no such rule that a majority of owners govern a situation if they decide to sell. Instead, one or more of the people who want to sell must either get the consent or assent all of the others to a sale or else, they must go to court to get an Order for Partition and Sale. This is the only way in which the property can be sold without the assent of all owners. So, you should go to a different solicitor and get him to write to the others asking them to consent to a sale and stating that you will apply to court if they don´t agree. In the letter, make clear they will be left with the costs of any court application if they fail to agree. If one or more don´t agree, then you will have to go to court to get an Order for Partition and Sale.

Expert:  Buachaill replied 10 months ago.

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Customer: replied 10 months ago.
Thank you for your reply I am very satisfied with your answer and will use your services again. regards
Expert:  Buachaill replied 10 months ago.

3. Dear Caitlin, you need to Rate or Accept the answer using the buttons at the top of the page. This is how the website pays the Expert. When you do this, I will answer your next question.