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RJM Law
RJM Law, Lawyer
Category: Property Law
Satisfied Customers: 3779
Experience:  LL.B (Hons)
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A very brief explanation of our situation; I own a farm

Customer Question

Hi, a very brief explanation of our situation; I own a farm alongside my mother, it was passed down to us, ownership 50/50. Since then she has decided she wants to split the land so she solely owns half and I own half. While trying to come to a negotiation she has then stated the farm is in a trust of sale and that she’ll sell it. Does she have the rights to do so without my consent?
JA: Where are you? It matters because laws vary by location.
Customer: North wales
JA: What steps have you taken so far?
Customer: North wales
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We received a letter with her wishes of what she’d want to receive, as a negotiation. We responded with a compromise. Then in the letter we had last week shes stated if we don’t agree to her terms then she’ll just put it on open market to sell. But I don’t know if she has the rights to do so
Submitted: 16 days ago.
Category: Property Law
Expert:  RJM Law replied 16 days ago.

Hello, and thank you for choosing our service today.   I am the expert who shall assist you with this matter today.

Please note that our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.  If you do not receive a response immediately, please be advised you will receive one by the end of the day

I will be able to provide you with guidance in relation to your question.  However please note this does not form a professional client relationship and we cannot provide representation, however, I would be hopeful that my guidance will be able to assist you.

Thank you

Customer: replied 16 days ago.
File attached (PSQG532)
Expert:  RJM Law replied 16 days ago.

Thank you for the question.  The simple answer is no, if you are a joint owner of the property, she would require your consent to sell the property.  The only way she could do this is obtain a forced sale order from the court.  For this to be granted she would need a substantial reason for this.   Even if this was granted, you would still be entitled to your share of the proceeds.  However. she would require to. be successful.  She cannot simply sell it from under you.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

https://www.lawsoc-ni.org/solicitors (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 16 days ago.
I’m looking at my land registry. And it states this on the proprietorship register; restriction no disposition of the registered estate under which capital money arises.What does this mean
Expert:  RJM Law replied 15 days ago.

Do. you have a copy of this.