Joint Freeholder obstructing sale - help!

cofreeholder87

AdrianC said:

cofreeholder87 said:
we waiting until we had everything agreed in writing before progressing 

But not actually signed...?

cofreeholder87 said:

He will be liable for damages should the sale fall through as a result of his actions. 

He really won't. Until contracts are exchanged on the sale, there simply is nothing in place...

It's exactly the same situation as your lease extension. Everything's in place ready to become legally enforceable, but unless and until it's signed, it's just so much waste paper.

Yes, the deed of variation has been signed. His solicitor is in possession of it. When he found out we were selling our property he instructed her not to file it with the land registry.

I have been advised that he will be liable for the loss of the sale, particularly around the stamp duty relief, if the sale falls through due to his lack of activity and our inability to find another seller before the deadline.

NameUnavailable

cofreeholder87 said:

AdrianC said:

cofreeholder87 said:
we waiting until we had everything agreed in writing before progressing 

But not actually signed...?

cofreeholder87 said:

He will be liable for damages should the sale fall through as a result of his actions. 

He really won't. Until contracts are exchanged on the sale, there simply is nothing in place...

It's exactly the same situation as your lease extension. Everything's in place ready to become legally enforceable, but unless and until it's signed, it's just so much waste paper.

Yes, the deed of variation has been signed. His solicitor is in possession of it. When he found out we were selling our property he instructed her not to file it with the land registry.

I have been advised that he will be liable for the loss of the sale, particularly around the stamp duty relief, if the sale falls through due to his lack of activity and our inability to find another seller before the deadline.

Who advised you of this? Your solicitor?

Until you exchange contracts your buyers could simply change their mind about buying, so I can't see any basis of damages for something that at the moment is just an intention to buy.

Clearly your co freeholder is being unreasonable but there's no legal requirement for them to respond to your solicitors enquiries around the sale. He can effectively block you from selling at all (and you can't claim compensation).

It's daft, I know, but that's the way it is. Most people will co-operate because the tables could easily be turned and it could be him needing to sell suddenly and of course you would also be as difficult and unresponsive, so nobody 'wins'.

HampshireH

cofreeholder87 said:

AdrianC said:

cofreeholder87 said:
we waiting until we had everything agreed in writing before progressing 

But not actually signed...?

cofreeholder87 said:

He will be liable for damages should the sale fall through as a result of his actions. 

He really won't. Until contracts are exchanged on the sale, there simply is nothing in place...

It's exactly the same situation as your lease extension. Everything's in place ready to become legally enforceable, but unless and until it's signed, it's just so much waste paper.

Yes, the deed of variation has been signed. His solicitor is in possession of it. When he found out we were selling our property he instructed her not to file it with the land registry.

I have been advised that he will be liable for the loss of the sale, particularly around the stamp duty relief, if the sale falls through due to his lack of activity and our inability to find another seller before the deadline.

If this happens I would be really interested in your follow up posts. 

Unusual for this advice to be given so I think many of us would be really keen to follow the progress of your solicitor pursuing this and get a positive outcome 

princeofpounds

I think there's a bit of confusion here about what the OP is saying regarding the contract being signed, vs. exchanged, vs. registered.

Typically when discussing transfers and changes to title deeds, signing the contract means absolutely nothing. A draft contract is produced, both sides sign a copy, but it is held in reserve by the solicitors. The contracts only become valid when those signed contracts are exchanged, which is a bit like taking each other's copies and counter-signing them. Although it's typically done verbally by solicitors over the phone, when property is conveyed at least.

But the OP, in a blink-and-you'll-miss-it moment, stated that the contract had been signed AND counter-signed. Presumably executed as a witnessed, signed, countersigned, dated deed (?). So it may actually be a valid deed that affects the title. 

Would that be a fair estimate of the position you are in OP?

Registration of the deed of course is just formal paperwork after the event, in some respects. IF the above theory is correct, then perhaps the other party here is under the misapprehension that it isn't valid until registration.

davidmcn

It seems a bit odd to describe the transaction as having been "completed" if in fact the other party can veto registration - that's certainly not how a, say, normal purchase would play out. I wonder if the OP has misunderstood something or if the solicitors had messed up somehow. 

Mildreds_Earrings

cofreeholder87 said:

Yes, the deed of variation has been signed. His solicitor is in possession of it. When he found out we were selling our property he instructed her not to file it with the land registry.

@cofreeholder87 I may be wrong but it sounds as if he was okay when he thought you were extending your property because of the birth of your son and presumed that you would stay living there.  The problems seem to have occurred when he realised you extended your property to sell.  He may have felt misled?  

I wish to be clear.  I do not condone his actions and as he himself has tenants living in his property, his actions appear quite selfish!  However, I am just playing devil's advocate.  Your Solicitor should be in a position to give you the legal advice that you need on this matter.  That said, I sincerely hope he decides to reconsider and I hope he signs the necessary paperwork giving his consent, so that you can sell the property.  All the best.

cattie

Are you saying that the co freeholder agreed for you to have the loft demised to your flat without payment? If so you're extremely lucky as the loft space would have value, especially as converted it added greatly to the value of your flat  & he could have requested that you pay him for his share of the roof space. Perhaps you could suggest belatedly paying him for his share now as it might do the trick.

NameUnavailable

cattie said:

Are you saying that the co freeholder agreed for you to have the loft demised to your flat without payment? If so you're extremely lucky as the loft space would have value, especially as converted it added greatly to the value of your flat  & he could have requested that you pay him for his share of the roof space. Perhaps you could suggest belatedly paying him for his share now as it might do the trick.

What value would it have if it is only accessible via the upstairs flat?

Obviously it can add value as a converted room but then again the cost to convert the space may have been more than the added value.