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jointlyowned land dispute

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jointlyowned land dispute

Postby manateegirl » Tue Sep 12, 2017 8:01 am

Good Morning. Someone I know has this problem and I would value any input or ideas from the forum to assist them please. Piece of commercial land in South of England. Jointly purchased by 2 people. Both put equal amounts of money into the purchase. Now (surprise surprise) they have fallen out. One has erected a fence in the middle of the land (but taking much more of it than 50%). My view is that you cannot do this as both parties own all the land not half of it. But how to go about dealing with it? Tearing down the fence creates possible "criminal damage" allegations and perhaps violence from the other party? Is the only way to go to court (costing a lot of money)? Any ideas or experience please?
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Re: jointlyowned land dispute

Postby atticus » Tue Sep 12, 2017 8:30 am

Short of resolving in court - either one buys out the other or both sell and divide the proceeds.

Court action would be for an order for sale under Trusts of Land and Appointment of Trustees Act.

I acted in a similar dispute a couple of years ago. Mediation led to agreement on a price one paid the other.
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Re: jointlyowned land dispute

Postby dls » Tue Sep 12, 2017 9:52 am

Your basic description of teh ;aw is correct.

A court will sometimes order partition. A half in value may not be a physical half.

Mediation of some sort is clearly required. It will not come at a cost similar to a full court action, but it is still a long way from cheap.
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Re: jointlyowned land dispute

Postby manateegirl » Tue Sep 12, 2017 2:04 pm

Thank you both that is extremely helpful. Who would arrange mediation please?
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Re: jointlyowned land dispute

Postby atticus » Tue Sep 12, 2017 2:12 pm

The parties or their lawyers should initially contact a mediation provider.
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Re: jointlyowned land dispute

Postby atticus » Tue Sep 12, 2017 2:24 pm

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Re: jointlyowned land dispute

Postby manateegirl » Tue Sep 12, 2017 10:37 pm

Thank you Atticus that is extremely helpful. Much appreciated.
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