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Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7676
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I bought a property with a so called friend. I bought and paid

Customer Question

I bought a property with a so called friend. I bought and paid for 2 thirds, he bought 1 third. We did not measure the land involed but it looked near to be a correct divison. I have found out he has got nearly half of the property and he knew all along and now tells me "Tough its too late"!! Can I do anything? I have proof and witnesses to the above facts
Submitted: 4 years ago.
Category: Property Law
Expert:  Thomas replied 4 years ago.

Does this relate to a residential property or simply a piece of land?

Did you execute a Declaration of Trust stating your respective different interests?

Customer: replied 4 years ago.
Hi Tom it is a commercial property. Originally there where three of us going to buy but one dropped out. We had agreed who got what and I have the document for that. And we all verbally agreed to it.
In the interim I had bad health due to stress and when it came to do the division line on the property, nothing was measured, we guessed the area. At the solicitors office we agreed a line and I had forgotten about the original agreement. I went ahead and paid for two thirds of the plot. It was brought to my attention by the last valuation that I did not have two thirds and in fact had slightly over half. This was when I got the plot measured and also came across the original agreement. I was shocked to say the least to find this other guy now my neighbour had in fact ripped. Me off as I paid £14000 towards his side. No we didn't do the agreement you asked about. Thanks. Ian
Expert:  Thomas replied 4 years ago.

Is the title to the property in both your names? ie. you have not divided it up and transferred the original legal title to two different legal titles each registered in your respective sole names?

Customer: replied 4 years ago.
Hi yes we have split titles now. Is it too late to pursue this as he is making things very difficult for me. He won't let me into the switch room to connect up 2 units and is generally making life miserable and difficult.
Expert:  Thomas replied 4 years ago.

Thanks for your patience.

It’s a really messy situation I’m afraid that if the property is now split in to separate titles and you were there when you agreed where the dividing line should be with the solicitor and the other owner then I cannot see an obvious way to dispute this now.

The problem is that although you were poorly you were still afforded an opportunity to define where the line should be and thereafter a right not to sign the transfer of the titles. I appreciate that you say you have an earlier agreement which indicates that it was intended that you should have more of the land but if the transfer was signed at a later date then it would appear that you had waived any rights that you had under the agreement by proceeding.

It may be something that you consider having a consultation with from a local solicitor who can actually look at the agreement which you have and the division of the titles to see if there is anything which may form a cause of action but, being 100% honest, I would prepare yourself for bad news..

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Kind regards,

Expert:  Thomas replied 4 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,