Co-owners of freehold selling their flat

arciere

Grumpy_chap said:

I still don't understand why the OP is not simply doing everything they can to facilitate the current neighbours moving away in the most harmonious way possible.

Because I see this as the first time they need something from us and we are in a position to say "we're going to do it, but our way, not your way".

It's not revenge, although you're free to call it whatever you like, it's my way of showing them that actions have consequences and if for 6 years you've rejected every single offer of being friendly, now you can't expect that all of a sudden.

Is this rational? Probably not, and after reading all your comments and suggestions I came to the conclusion that it's really not worth it.

But yeah, that's the why you're asking about.

NameUnavailable

Maybe say yes you will sign the documents etc. but you want to get your solicitor to review everything before you return the documents, and ask them for £200 or so to cover the costs (you don't have to use a solicitor but the funds could be used to buy new plants etc).

That way you aren't raising a dispute and it isn't an unreasonable request that they'd pull out of a sale for.

Grumpy_chap

NameUnavailable said:

Maybe say yes you will sign the documents etc. but you want to get your solicitor to review everything before you return the documents, and ask them for £200 or so to cover the costs (you don't have to use a solicitor but the funds could be used to buy new plants etc).

That way you aren't raising a dispute and it isn't an unreasonable request that they'd pull out of a sale for.

I do not think it is advisable for the OP to be dishonest in his responses.
If the OP states they will get things reviewed by a Solicitor, it is likely that the other flat owner's Solicitor will ask which firm (and may even ask for evidence of the costs).  They will also have a very good understanding that a Solicitor cannot usually be engaged for as little as £200.

NameUnavailable

Grumpy_chap said:

NameUnavailable said:

Maybe say yes you will sign the documents etc. but you want to get your solicitor to review everything before you return the documents, and ask them for £200 or so to cover the costs (you don't have to use a solicitor but the funds could be used to buy new plants etc).

That way you aren't raising a dispute and it isn't an unreasonable request that they'd pull out of a sale for.

I do not think it is advisable for the OP to be dishonest in his responses.
If the OP states they will get things reviewed by a Solicitor, it is likely that the other flat owner's Solicitor will ask which firm (and may even ask for evidence of the costs).  They will also have a very good understanding that a Solicitor cannot usually be engaged for as little as £200.

OK they just say they want £200 (or whatever).

arciere

NameUnavailable said:

Maybe say yes you will sign the documents etc. but you want to get your solicitor to review everything before you return the documents, and ask them for £200 or so to cover the costs (you don't have to use a solicitor but the funds could be used to buy new plants etc).

That way you aren't raising a dispute and it isn't an unreasonable request that they'd pull out of a sale for.

The idea of getting compensated for the garden issue I think it's gone - too much hassle.

However, I still don't know if it's worth consulting a solicitor for the freehold transfer, given our current relationship with them, or if their solicitor should be trusted.

Grumpy_chap

NameUnavailable said:

I do not think it is advisable for the OP to be dishonest in his responses.
If the OP states they will get things reviewed by a Solicitor, it is likely that the other flat owner's Solicitor will ask which firm (and may even ask for evidence of the costs).  They will also have a very good understanding that a Solicitor cannot usually be engaged for as little as £200.

OK they just say they want £200 (or whatever).

Then that just sounds like money-grabbing, or holding the other flat owner to ransom, over what is a small amount of money in the grand scheme of things.  Given the OP wants the current residents gone, putting in unhelpful obstacles can only delay or derail the change.  It is possible that, if the new residents were to catch wind of an awkward neighbour, they would walk away.
There is a general principal in such matters that permission should not be unreasonably withheld.

NameUnavailable

arciere said:

NameUnavailable said:

Maybe say yes you will sign the documents etc. but you want to get your solicitor to review everything before you return the documents, and ask them for £200 or so to cover the costs (you don't have to use a solicitor but the funds could be used to buy new plants etc).

That way you aren't raising a dispute and it isn't an unreasonable request that they'd pull out of a sale for.

The idea of getting compensated for the garden issue I think it's gone - too much hassle.

However, I still don't know if it's worth consulting a solicitor for the freehold transfer, given our current relationship with them, or if their solicitor should be trusted.

You don't need to trust their solicitor, you trust your solicitor.

NameUnavailable

Grumpy_chap said:

NameUnavailable said:

I do not think it is advisable for the OP to be dishonest in his responses.
If the OP states they will get things reviewed by a Solicitor, it is likely that the other flat owner's Solicitor will ask which firm (and may even ask for evidence of the costs).  They will also have a very good understanding that a Solicitor cannot usually be engaged for as little as £200.

OK they just say they want £200 (or whatever).

Then that just sounds like money-grabbing, or holding the other flat owner to ransom, over what is a small amount of money in the grand scheme of things.  Given the OP wants the current residents gone, putting in unhelpful obstacles can only delay or derail the change.  It is possible that, if the new residents were to catch wind of an awkward neighbour, they would walk away.
There is a general principal in such matters that permission should not be unreasonably withheld.

The OP seems to want to get one over on their neighbours now that they are trying to sell, so I'm suggesting things with that in mind. Maybe their easiest option is just to ignore any requests to sign documents as there's no legal obiligation to do so.

Personally I'd be glad to see difficult neighbours going and do everything possible to smooth that path!

arciere

So we have completed this 'identity check' with their solicitors, but now the neighbours have come back to us saying that they will need us to complete a LPE1 form (which we haven't received yet). Having had a quick look on Google, even though it may seem straight forward for some, it does contain many questions I wouldn't know what to answer.

Would it be unreasonable to appoint a solicitor and ask the neighbours to bear this cost?

eddddy

arciere said:

So we have completed this 'identity check' with their solicitors, but now the neighbours have come back to us saying that they will need us to complete a LPE1 form (which we haven't received yet).

As joint freeholders, I'd have thought you'd complete the LPE1 form together, and both sign it.

But I guess a problem would arise if your neighbour wants to put something on the form which you think is untrue, so you won't want to sign it.

(Especially as the recipient of the LPE1 will be your new neighbour, and might come knocking on your door, if you've signed some untrue statements.)

arciere said:

Would it be unreasonable to appoint a solicitor and ask the neighbours to bear this cost?

You could tell the neighbour's solicitor that you intend to appoint your own solicitor, and you need their confirmation that your neighbour will pay the costs.

Whether your neighbour will agree is another question!

I guess you can try playing hardball and say that you won't sign the LPE1, unless the neighbour pays for your solicitor.