We are often called upon to assist with resolution of a dispute relating to an interest in a jointly owned property. One party may wish to remain at the property and to buy out the other party’s interest whereas the other party may wish to force a sale. We are accustomed at advising and negotiating to achieve an acceptable outcome, dealing with expert valuation and if appropriate applying to the court for an order for sale.
If the break up has not been harmonious then conflict can arise. One party may have contributed more to the initial deposit or paid towards the mortgage or paid to have work carried out at the property whilst in occupation thus contributing to the current value of the property. It therefore follows that each party’s interest in the property may not be 50/50 and if the parties are unable to agree each of their interests then it may be necessary to seek a declaration of that interest from the Court. This may also include the granting of an Order for the Sale of the property in the event that one party refuses to agree to the sale of the property and is unable to buy the other parties interest in the property.
On a Trusts of Land and Appointment of Trustees Act 1996 application (TOLATA), the Court has broad powers to declare parties’ property rights according to established law on trusts.
At Linder Myers our experienced team prides itself on giving practical and pragmatic advice to help you achieve the right result as quickly and cost effectively as possible during what can be a stressful and traumatic time.
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Paul is a Principal Lawyer and Head of Commercial Litigation at Linder Myers Solicitors and is a very experienced commercial litigator across a number of areas, with property litigation being the primary specialism.
Paul is equally comfortable representing landlords as well as tenants in relation to both commercial and residential possession and forfeiture disputes; dealing with complex property claims relating to rights to light and easements; rights of way; adverse possession; business tenancy renewal; section 20 disputes; defective house builds and extensions; boundary and neighbour disputes and housing disrepair claims.
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Litigation & Dispute
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Litigation & Dispute
