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Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7673
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Hi , my father his wife and myself own a farm as tennants in

Customer Question

Hi , my father his wife and myself own a farm as tennants in common, i own the one third share after my father and his brother fell out some years ago. i bought the share with my partner at the time but since have separated, and i exchanged my intrest in the house we shared for her interest in the farm, and became an equal share holder. the problem is that while i was with my ex the mortgage was held with barclays, but now as my father is 75 years old i cannot get a conventional mortgage but had to get a personal loan in order for my ex to be removed off the deeds, i didnt want to leave her on the deeds for the remander of the mortgage, because should she get married it could become a little difficult. my farther trains a couple of horses at the farm which he has done for the last 50 odd years. as the loan is quiet a lot more than the mortgage i have asked my farther if it would be possible to use a couple of the stables to suplement my income, to which his reply is no but when he dies i can do anything i like with the farm. all of which is fine and dandy other than it costs me three times as much as it did 12 months ago. my father has tried to get a mortgage to buy my share but because of his age this is not going to happen, as my father is immpossible to deal with i was wondering if getting a court order to sell the farm so i can buy my own farm. what are the pit falls with doing this if it is possible to force a sale
Submitted: 5 years ago.
Category: Property Law
Expert:  Thomas replied 5 years ago.

does your ex no longerr claim any interest in the farm?

If so, has this beem acknowledged in a declaration of trust?

Customer: replied 5 years ago.
No she has no interest in the farm we have exchanged deeds of trust the issue I have is with my farther, he doesn't see that I have an interest in the farm and won't allow me to use any of the stables he believes I am only entitled to use the cottage which is seperate from his house all the stables are for his use only I cannot have people visit me because he won't allow them to park without there being a row he is a very awkward person but as we share thirds of the farm as tennants in common surely I should have the right to enjoy the whole of the property freely without being bullied. That is why I have considered forcing a sale to release my assets to buy my own farm. As I have said he cannot get a mortgage but won't sell to me so a dissolvement of the asserts and the proceeds shared one third two thirds in his favour would be the best solution ?
Expert:  Thomas replied 5 years ago.

Thanks for your reply.

If the business of the farm is not subject to any written agreement such as a shareholders agreement then it would seem that an application to force the sale of the farm by court order would be the most appropriate way forward for you.

I note that you state you have exchanged deeds of trust with your ex partner but if the ex partner is still a registered proprietor of the land registry title for the farm then they will also have to be involved with the application. You need to get for me about this.

Speak to a local solicitor about writing to your father letter before action essentially stating that you will apply for the order should he not be willing to negotiate alternative arrangements that are acceptable to you.

If he does not willing then you will have to apply to county court for an order.

If this is useful please kindly click accept and rate my answer okay service or above. If you do not then I do not receive any credit for the time I have taken to answer your question.

Kind regards.

Expert:  Thomas replied 5 years ago.

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,