Joint ownership - changing half the ownership

VinceOran

Hi All

Does anyone know if it's possible to transfer one half of a jointly owned plot of land, by sale or donation to someone else, without the agreement of the other owner?

getmore4less

yes,

the beneficial ownership can be transferred(it happens when people die).

changing the legal entry at the land registry, I think needs a signature.

xylophone

You say that at the moment the land is owned as a joint tenancy - see


http://e-lawresources.co.uk/Land/Co-ownership.php

VinceOran

Thanks for the helpful link, it looks like the land is owned as a tenancy in common.
It was inherited from my dad, the co-owner was a friend of his, who neither wants to sell the plot nor buy me out, so I'm a bit stuck about what to do with it.

chanz4

then no you cant, will have to take it to a solicitor

xylophone

http://www.landlordzone.co.uk/forums/showthread.php?42232-Selling-part-share-of-property-held-as-tenants-in-common

VinceOran

Xylophone - thank you for another helpful link.
It looks like it's going to have to be solicitor/court proceedings, as the co-owner is not responding to correspondence and I doubt he would willingly sign anything.

Lloyd90

What kind of land/property is it?

G_M

and is there a mortgage on it?

Plus are you planning to transfer his part-ownership to yourself without his knowledge, or transfer your part-ownership to him?!

Who is/was the Executer of your dad's Will (or Administrator of the Estate)?

VinceOran

It's a vacant bit of brownfield land.
No, I'm certainly not trying to transfer it without his knowledge! I've asked him repeatedly to agree to sell it as a whole on the open market or even split the land into two bits.
There's been a bit of a fly-tipping problem & we have to keep paying for it to be cleared. We will soon have paid more in clearance than the land is probably worth. I suspect he still thinks it can be developed but I've done some costings & it's not feasible due an access problem. Since I pointed this out to him communication has broken down.
Dad's solicitor and another relative did the Admin.

G_M

Sigh!

1) is there a mortgage on it?

2) who are you planning to transfer his part-ownership to?
* yourself (without his [STRIKE]knowledge[/STRIKE] agreement)?, or
* a 3rd party? or
* your part-ownership to him?!

3) Who is/was the Executer of your dad's Will (or Administrator of the Estate)?

It sounds like you'll need a court order to sell/transfer without his consent. This will cost - possibly more than it's worth since your say "have paid more in clearance than the land is probably worth"

Who's paying for the clearance? Is he paying half?