Partner Ed Cracknell has responded to a reader who has written into the The Times Home Help section seeking help with their property sale that is being blocked by a neighbour.
He advises that the sellers can apply to the court under Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 to force the freehold transfer without the co-owner’s signature. To address the broader sale issues, he warns that legal action against the neighbour, such as an injunction, is costly and may not reassure future buyers. Selling at auction could be a practical alternative, though likely at a lower price. He also suggests, if financially possible, considering buying the neighbour’s flat to gain full control of the property.
The real challenge for you is that you need simultaneously to resolve two problems: the refusal to sign the TR1 and the difficulty of physically selling the home.
The full article is available to read online at The Times by subscription only.
About Ed
Ed Cracknell is a partner in the property litigation team specialising in all aspects of property dispute resolution. His areas of expertise include landlord and tenant disputes, business lease renewals and terminations, possession claims and development disputes.
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If you would like to speak with a member of the team you can contact our property litigation solicitors by telephone on +44 (0)20 3826 7525 or complete our enquiry form.
