can 2 beneficiaries force sale of land owned by 4 ?

turpical

Our family jointly owns some pieces of dangerous overgrown derelict land which borders a public road. It amounts to a few acres in total. My Father who died 15 years ago used to fantasise that it was development land and it was only a matter of waiting and it would eventually get Planning approval. Planning permission has been sought more than once and failed. It is in a Rural area, not attached to an existing settlement, next to a winding country lane and very close to a stream additionally there is overpowering opposition from the locals. Recently a consultant was asked again for his opinion and he thought it unlikely that even 1 new dwelling would be approved  . It is in an area where it is even difficult to get any leeway at all even when replacing like with like. 
One of the beneficiaries who was also the Executor of my Parent's will is reluctant to admit to himself that development will NOT happen and he seems to want to hang on to this land in some vain delusional hope that he is " Banking development land " for the future.  Meanwhile myself and one other beneficiaries just want to be free of it and have our share of whatever market price it may happen to realise. It is a dangerous overgrown liability with untended trees and hedges bordering the public road and it is gttting worse every year. Nobody is doing anything at all  to maintain it. It is just being left.  I find my involvment feels like a millstone and a stress I wish to be free of. Furthermore myself and the other beneficiary who wants to be free of it have real immediate financial needs which could be helped by a bit of money right now and we feel we are being kept tied into this against our wills. What would happen if we instructed a solicitor and an Agent to sell it with the intention of distributing any resulting funds fairly amongst all the owners. Could the other 2 actually prevent us doing this ?

Savvy_Sue

I suspect that you would have to go to court in order to force the sale, and the fees might wipe out any profit from the sale of the land - who would want to buy it? What is it good for? 

Also I believe it is the executor who has the right and responsibility to deal with this, so the alternative might be to apply for them to be removed. but I suspect even that wouldn't be cheap. 

Perhaps a better (cheaper) solution would be for the two who want to sell to allow the other two to buy out your share, at an agreed value without taking any potential planning permission into account. Win win: you and the other beneficiary who need the money get something now; the executor and the other beneficiary can rub their hands with glee at your folly. 

pphillips

Yes - if they own the land then they can refuse to sell it.
You need to come to some sort of agreement with the two other owners.

turpical

Thanks, HMRC has been settled, all tax has been paid. This land was valued for this. So we have a valuation approved by them for tax purposes. We could try to persuade them to buy us out based on a portion of this ….. but why would they bother if they just have to wait for us to die anyway if we have no Rights at all that would be the cheapest option for them.  Do half of the beneficiaries have absolutely no Rights of self determination in this ?  What is the point in us having this poisoned chalice then?  If the Executor has the right and responsibility does it go on ad infinitum ? 

turpical

Is the Executor personally liable for any damage caused to a person or property for instance by a falling tree  or collapsed hedge? 

Socajam

Even if you were to die, I am sure your portion of this land would go to your spouse or heirs.

Marcon

turpical said:

Is the Executor personally liable for any damage caused to a person or property for instance by a falling tree  or collapsed hedge? 

Who are the current registered owners of the land - is it actually in the names of all four of you, given it is 15 years since your father died?

turpical

We are all 4 the Registered owners. 2 of us don't want to be.  I don't want to die while I own it especially if it is the situation where the remaining 3 automatically get all my interest NOT anyone I would wish to leave it to. I believe this happens with joint ownership rather than tenants in Common. 

Marcon

turpical said:

We are all 4 the Registered owners. 2 of us don't want to be.  I don't want to die while I own it especially if it is the situation where the remaining 3 automatically get all my interest NOT anyone I would wish to leave it to. I believe this happens with joint ownership rather than tenants in Common. 

The executor has no continuing responsibilities now the land is registered in the names of the four of you. You are all equally liable. Given that this seems to be a piece of land with no future, is it worth anything at all - in particular, is it worth getting yourself  upset over something which may turn out to be a millstone worth precisely nothing, or indeed less than nothing?

You can change the ownership to tenants in common without the consent of the other owners. See https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

AnotherJoe

turpical said:

We are all 4 the Registered owners. 2 of us don't want to be.  I don't want to die while I own it especially if it is the situation where the remaining 3 automatically get all my interest NOT anyone I would wish to leave it to. I believe this happens with joint ownership rather than tenants in Common. 

That's easy to change without the other owners consent so you need have no worries there. You don't have many options. Perhaps you could attempt a scare tactic with a solicitors letter from you and the other like minded owner stating you will take legal action to force a sale, and see if that prompts the other two  to buy you out.  

Keep_pedalling

AnotherJoe said:

turpical said:

We are all 4 the Registered owners. 2 of us don't want to be.  I don't want to die while I own it especially if it is the situation where the remaining 3 automatically get all my interest NOT anyone I would wish to leave it to. I believe this happens with joint ownership rather than tenants in Common. 

That's easy to change without the other owners consent so you need have no worries there. You don't have many options. Perhaps you could attempt a scare tactic with a solicitors letter from you and the other like minded owner stating you will take legal action to force a sale, and see if that prompts the other two  to buy you out.  

I would do this now it will make them think that they really should be buying you out.