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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10730
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My mother owned land as tenants in common with her brother

Customer Question

My mother owned land as tenants in common with her brother in law.
My mother died in July 2013 leaving her share to me.
Her brother in law will not sign the appropriate form(TR1 I believe)
How can I establish title to the land?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
However daft it sounds, I am afraid there is nothing further you can do to protect your position, other than the Restriction you have registered.
This is because the legal ownership of the property passes solely to the surviving tenant in common, with him "holding half of the property on trust for you". Therefore unless he is willing to sign a TR1, there is nothing you can do to get your name on the title.
I am sorry this is not the answer you were looking for, but it sets out the legal position.
Kind Regards
Expert:  Aston Lawyer replied 3 years ago.
Can I assist you any further?