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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10779
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My neighbour purchased the freehold on our property (2

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Hi, my neighbour purchased the freehold on our property (2 flats) last year as the freeholder had gone bankrupt. I could not raise the funds so she paid for it with an agreement that I would purchase my part as soon as I had the money. I instructed our solicitor 3 months ago that I was ready proceed but we now have to apply to the court of protection as my neighbours husband has dementia and longer has capacity. The solicitor has not made the application and is now telling us it will take upto 9 months to do this. Can you please advise me as to whether this information is correct .
Many thanks
Jo Thornton


Thanks for your enquiry.

I am afraid that what you have been told is quite correct.

If a party loses mental capacity, the only way any Property transfer/sale can be dealt with is if his next of kin applies to be their Deputy. This application is very long winded, and normally takes 4-6 months. Once the Deputy has been appointed, a separate application needs to be made to the Court for consent to deal with the party's affairs (in this case the Sale of half the Freehold). Once this Court Order has been made, the Deputy will then be free to sign the necessary Transfer document, transferring the share of the Freehold to you. Your Solicitor will need to register this Transfer at the Land Registry and also needs to be happy that a Court Order is in place before doing so.

I would hope that the above could all be dealt with within 6 months, but it really depends on the Court of Protection, who are not the quickest to deal with!

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards


Hi, if I have helped, please don't forget to rate my answer, so I may get credited for my time. Kind Regards Al

Please could you rate my answer, thanks. Al

Please could you take the time to rate my answer. Thanks Al

Please don't forget to rate my answer, thanks. Al

Hi, if I have answered your question, I would be grateful if you could rate my answer, so I may get credited for my time. Thanks Al

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