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Forced sale of freehold

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  • Forced sale of freehold

    I own a share of a freehold of a building containing 3 flats and I am being taken to court by the other two freeholders. They want the court to order the sale of my share of the freehold, and one of them be given first refusal to buy it. They are using the TOLATA 1996 act to pursue this. The background is that I own my flat jointly with my husband. We are both leaseholders but only I am a freeholder. There has been a long running, quite bitter dispute between my husband and the two claimants over the management of the building. Last year he noticed one of them was selling their flat and rather rashly contacted the estate agents to say he would not be agree to the transfer of the freehold to the new owner. Even though it was not in his gift to do this. The buyers pulled out. Various letters were sent by the other leaseholder which my husband ignored, and then they started a claim in court against me. They say I my husband had acted with my knowledge and approval. I deny this. I have informed them that in any future sale I would be happy to sign the TR1 To transfer the lease, but they are determined to go to court to strip me of my share of the freehold. Are they likely to succeed? It seems very extreme. Any advice from with someone of experience of this or expert knowledge would be appreciated.
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  • #2
    Your husband should control himself.

    And you should take professional legal advice.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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