forced to sell to property developer?

janecoe

My co-freeholders want to force me to sell part of the freehold. What are the consequences? How can I resist?
Four years ago, I bought a ground floor flat that had a share of freehold with the flat above me, then me and the couple above had leaseholds from the freehold. I have a little bit of garden for about 3m from the back of my flat, then there’s a plot of land that goes with the flat upstairs. There’s access from the road at the back to that plot and probably just enough room to build a small 2-storey house on it.
The couple upstairs were ok, but now they want me to release the freehold on that plot of land, so she can sell it to a mate of hers who I know is a property developer. I tried to put in a line that would prevent this guy building residential on it but they refused, only saying they would follow planning permission rules of the council.
The way I see it, if I let them have that plot, then either I get a wall three meters from my son’s bedroom window where he had a bit of sky and a view, (and I’m not sure I can stop that cos the sun comes from the other side so it might not cast a shadow) or even if the council stop them building on it for now (which they might not do), anyone who comes to buy my flat if I want to sell will see that change in the freehold, see it as a big risk what with the way planning laws are going at the moment to get easier, and drop their offer massively. So I’m out of pocket.
The latest twist is that a week ago some fancy lawyer of theirs wrote to me saying they would take me to court to force the sale, which it could do because it wasn’t part of the roof over my head etc.
Anyone been through the same hell and found a way to fight?? – I can’t understand why, when everyone when I bought said freehold gave me protection, the court would just throw that aside.

steve1980

They can't force you to sell. It's as simple as that.

If a solicitor is writing to you then you should get your own solicitor to write back. What they are essentially doing is threatening you.

Alternatively, agree to sell, inflate the price and make it impossible for them to buy it. Add £50k + on top. At the end of the day, even if they buy it they may not get planning permission.

How big is the land?

Fuzzyness

if you dont want to move, you have the right to object to any planning application that is submitted on the plot of land. the fact that it sounds like any new dwelling would be very close to your windows would indicate that you could make an arguement for the new dwelling have an adverse and overbearing impact on your residetnial amenity. you cant stop them submitting an application but you can make it difficult for them to get it approved.

G_M

Simple. You don't want to sell.
Don't sell.

Or as suggested, offer to sell at a hugely inflated price and refuse to negotiate. If they pay enough you'll be able to move somehere elase wih nicer neighbours!

Oh - and don't be intimidated by fancy solicitors!

angrypirate

If they are wanting to sell their share of the freehold, I believe that as you are a leaseholder, they have a legal duty to offer you first refusal.

RAS

If you do sell,

1. Insist that they buy your flat at a price that recompenses you.
2. put in a clause about up-lift

See a solicitor and get proper advice on your rights.

JQ.

As stated above, they can't force you to sell, they're just trying to bully you.

However, it does sound like there could be some value in the plot of land - why not apply for planning consent for a house yourself and get the benefit of that added value.

You could sell your flat with the benefit of the planning permission to an investor and get somewhere bigger.

cattie

As others have said, you don't have to sell & it wouldn't really be in your interests to, unless of course you got a huge sum of money that you really couldn't refuse. What you have to consider is how having a house in the garden will affect the value & saleability of your flat.

No lawyer or anybody on earth can force you to sell, so stick to your guns & you don't even have to go to the expense of getting a solicitor yourself to deal with it if you don't want to. Just ignore the letters & tell the upstairs mob that the answer is no & thats the end of it, you refuse to discuss the matter any further.

It might be worth you checking out the http://www.lease-advice.org/ people, as they might be able to just put your mind at rest & reaffirm that nobody can make you sell your share of freehold if you don't want to.