Brother not contributing financially now wants to force sale three years on

xylophone

And did you never consider renting out the property?

charliemuppet

Xylophone,given it was my parents home for over sixty years and the deeds (in my father's name) were already in my possession it never occurred to my there may be a reason to even check,she gave me the deeds a year or so prior to her death telling me to keep them safe and not to give them to my brother or even tell him I had them,I thought it strange at the time but she got quite intense about it when I asked why and insisted I just take them as a favour to her,so,I,did just that.
I did suggest the possibility of letting but he dismissed it from hand saying it would prevent a quick sale.
Charlie

xylophone

You have yourself checked the Land Registry?
https://www.gov.uk/search-property-information-land-registry
You say that you have the Deeds but I should think  your parents had these from the time that any mortgage on the property was paid off. It is possible that the transfer to you and your brother triggered "first registration" at the LR? 
As for letting preventing a quick sale......do I hear your hollow laughter?

charliemuppet

You do indeed Xylophone,didn't want to point out the irony for fear of being called bitter,so there's another double scotch I owe you!
Not sure what first registration is but I will visit the link after work and post back
Charlie

xylophone

Not sure what first registration is 

The property was your parents' home  since the mid fifties - it is possible that it was not registered at the Land Registry when they bought it. If they had a mortgage loan, the Deeds would have been lodged with the lender and not released to them until they paid off the mortgage - this could have been in the  early eighties.

It seems that they transferred the property to you and your brother in 2003 by which time a transfer of land had to be recorded at the LR.

If it had not been registered before, then the transfer would have triggered compulsory first registration.

charliemuppet

Having just downloaded the registry entry I am still none the wiser,myself and my brother are indeed proprietors,it says nothing of tenants or tenants in common,there is however a restriction entered at the time of transfer;
'No disposition by a sole proprietor or the registered estate (except a trust corporation) under which capitol money arises is to be registered unless authorized by an order of the courts'
Also entered at the same time is this;
'the transfer to the proprietor contains a covenant to perform any obligations affecting the property which will remain binding on the transfer and after the date thereof and of indemnity in respect thereof'
Charlie

xylophone

You and your brother are tenants-in- common - the restriction is a Form A restriction - see 
https://www.land-registry-documents.co.uk/information/joint-ownership-tennants

the transfer to the proprietor contains a covenant........

means that those whom the property was transferred are bound by a formal agreement (covenant) in respect of any obligations attaching to  it.

For example, there may be a requirement to erect and maintain certain walls or fences or not to keep pigs on the property or not to park vehicles on the drive or not to carry on commercial activities from the property etc etc.

xylophone

You have the original Deeds - do you have any documents relating to obligations affecting the property? The details of the covenant could also be at the Land Registry but sometimes (judging by posts on the forum) these seem to have gone missing.

charliemuppet

There's no mention of any obligations,just activities the proprietor Is not permitted to do,the selling of fried fish,tripe whine spirits and beer ect,there's absolutely nothing pertaining to obligations except the maintainence of a shared /party wall?
Charlie

charliemuppet

'the transfer to the proprietor contains a covenant to perform any obligations affecting the property which will remain binding on the transfer and after the date thereof and of indemnity in respect thereof'