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Clare, Solicitor
Category: Law
Satisfied Customers: 35057
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been a tenant in common with my brother in the

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I have been a tenant in common with my brother in the family farm and farmhouse since we inherited jointly in 2010 with equal shares . My brother wants to use the garden that I consider my area and access it through the entrance that I use on a daily basis. He has another entrance and a courtyard on the other side of the house which I never enter. I should like us to agree to keep to these separate areas. In the 5 years that has passed this has been the system. Now he wants to change that situation and use what I consider my private area. Can I use the law to stop him or can he insist on using any part of the house ?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is there anyway of formally dividing the property and creating two separate properties.
Customer: replied 3 years ago.

Hello Clare

Unfortunately its a grade 2 listed building and I am told it cannot be put into 2 separate titles . I think that as tenants in common we each have a right to use everything. It is unlikely that he will make a voluntary agreement to keep to separate areas because in truth he wishes me to leave so that he can have the whole property to himself so does not want to resolve the issue. This situation has caused a lot of stress and health problems for me.


I assume that you do not wish to force the sale of the property?
Customer: replied 2 years ago.

No. Any way I can get him to stay in his own area?

My apologies for the delay - I was unexpectedly offline.
I am afraid that unless he is violent to you there is no action that you can take to force him to stay to "his" side of the property.
It would be worth trying to negotiate with your sibling using Family mediation
To see if a written agreement can be made
Please ask if you need further details
Clare and other Law Specialists are ready to help you