theycantdothat wrote:This is the sort of arrangement where either you do it on the back of an envelope and hope for the best or get the documentation drawn up by a competent lawyer.
The OP asks: "Can something similar to a co-habiting Declaration of Trust be signed prior to freehold transfer to take effect after the transfer? " The answer is "possibly, but a bit tricky" because of the technical difficulty of dealing with interests before you get them and the traps for the unwary when drawing up conditional agreements. If D is in fact already involved and wants some input into what is going to happen and C does not, the way round it is to have a deed between A, B and D which says that on D acquiring the relevant leasehold and freehold interests they will enter into a deed as set out in the schedule. The schedule sets out the "Schedule of Work contract" drawn up as a deed.
Flattie wrote:A is reluctant to sign the TR1 for freehold transfer until some sort of agreement/way forward for maintenance is produced.
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