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Dissenting beneficiary.

Land, Registered Land, Planning law etc.

Re: Dissenting beneficiary.

Postby Hairyloon » Fri Sep 15, 2017 10:20 am

theycantdothat wrote:Is "purchasers" defined in the agreement? Is "vendor" defined?

They are specified people.

Very important point: Is the right registered as a land charge at the Land Charges Registry?

There is a charge registered at the land registry in respect of this matter. I'm not calling it a "right": as I mentioned earlier it appears set out as an obligation.
Probably makes no difference, but nonetheless...

atticus wrote:(hairy should bear in mind the possibility that the other party may read this thread)

I thank you for the reminder, but I think the probability sufficiently remote. In any case, his reading it will not change the law or the facts.
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Re: Dissenting beneficiary.

Postby Hairyloon » Fri Sep 15, 2017 10:38 am

atticus wrote:Going back nearly 5 years:

Longer in fact. They'd all buried their heads in the sand over it. :roll:

Hairyloon wrote:The relevant section reads:
IN CONSIDERATION of the vendor executing such Conveyance to the purchasers the purchasers shall not sell or otherwise dispose of the property comprised in this agreement unless they shall have first offered the vendor the opportunity of re-purchasing the same in manner and on the terms hereafter following _____


I would look at the following questions. Maybe tcdt can help.

1. Does this prevent the executors vesting the property in question in the beneficiaries of the estate?

That would come under "otherwise dispose", but it is not the purchasers doing it...

To add a little mud to the water (and apologies for not mentioning it earlier) one of the purchasers survives, but has no beneficial interest in the property.


2. If not, It appears that the beneficiaries may, once the property is vested in them, not be bound by this (see above), and may therefore have a window of opportunity to sell the land.

The problem there may be that the other party thinks the offer has been made and seeks to bind the right of pre-emption.
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Re: Dissenting beneficiary.

Postby atticus » Fri Sep 15, 2017 10:47 am

Those other threads certainly do muddy the waters if they are in fact about this situation.

Maybe the other party should go to court seeking an order for specific performance.

This case cries out for several heads to be knocked together. An agreement should be reached between all parties which enables the land to be sold and the proceeds divided according to an agreed formula.

Otherwise, we will still be discussing it in another 5 years time and no-one will have got a penny out of this land.
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Re: Dissenting beneficiary.

Postby Hairyloon » Fri Sep 15, 2017 10:58 am

atticus wrote:Those other threads certainly do muddy the waters if they are in fact about this situation.

Afraid so. And I didn't even mention this one. Sorry I cannot really clarify it any much better in public.

Maybe the other party should go to court seeking an order for specific performance.

That is what he has threatened to do.

This case cries out for several heads to be knocked together.

Tell me about it. :roll:

An agreement should be reached between all parties which enables the land to be sold and the proceeds divided according to an agreed formula.

Yeah, we did that, had a buyer lined up then somebody threw a spanner in the works and scuppered the sale. I'm not sure that didn't happen twice.

Otherwise, we will still be discussing it in another 5 years time and no-one will have got a penny out of this land.

The other party has set a deadline for an answer else he threatens to go to court. I fear that he's bluffing and you will be proved right.
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Re: Dissenting beneficiary.

Postby atticus » Fri Sep 15, 2017 11:04 am

Leave them all to it. Move on. Find something else where your input may actually achieve something.
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Re: Dissenting beneficiary.

Postby theycantdothat » Fri Sep 15, 2017 11:58 am

Hairyloon wrote:They are specified people.


Does there appear anywhere in the conveyance a phrase such as "includes his successors in title" or "includes his heirs and assigns and personal representatives"?

Hairyloon wrote:There is a charge registered at the land registry in respect of this matter.


You said the property is not registered. Are we talking about something registered at the Land Registry or the Land Charges Registry?
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Re: Dissenting beneficiary.

Postby Hairyloon » Fri Sep 15, 2017 12:10 pm

atticus wrote:Leave them all to it. Move on. Find something else where your input may actually achieve something.

If only I could. :(

theycantdothat wrote:
Hairyloon wrote:They are specified people.


Does there appear anywhere in the conveyance a phrase such as "includes his successors in title" or "includes his heirs and assigns and personal representatives"?

I will have to get back to you on that.

Hairyloon wrote:There is a charge registered at the land registry in respect of this matter.


You said the property is not registered. Are we talking about something registered at the Land Registry or the Land Charges Registry?

I assume at the Land Charges Registry. Sorry, I'd forgotten they were separate bodies.
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Re: Dissenting beneficiary.

Postby Hairyloon » Mon Sep 18, 2017 2:11 pm

theycantdothat wrote:
Hairyloon wrote:They are specified people.


Does there appear anywhere in the conveyance a phrase such as "includes his successors in title" or "includes his heirs and assigns and personal representatives"?

I have not checked myself, but I've asked and been told not. The agreement was intended to be a short term thing, so perhaps they did not think to need to.
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