Forced Sale of Property - Order of Sale

[Tara Phoenix]

Hi All

I have inherited a 50% share of a property as tenants in common when my father passed in 2020. The other 50% is owned by my fathers brother (my uncle).
I have asked my uncle if he would like to buy me out or if he would prefer I buy him out. He went away, thought about it and came back to me and stated he could not afford to buy me out and also he did not want me to buy him out. He stated he would like to live in the house until he passes away.

Firstly I would like to obtain house by buying his share, refurbish the property and rent/sell it in a better state for better return

Secondly, if that is not possible selling it to obtain some funds to purchase an alternative property.

Due to this I believe my only option is to apply for an order or sale. I have contacted a solicitor to draft letter to him informing him of his options in hopes it will carry more weight and show him I'm serious about applying for an order of sale if he will not negotiate with me to resolve matters.

Things to consider:
My uncle has lived alone in this property for 20 years.
He has not paid the council tax on the property for the last 5 years
He is a hoarder so the house is cluttered, unsafe and unhealthy
I have seen vermin in the property
The property is in disrepair and would need to be gutted and electrics, plastering, floor boards completed at a cost of around £20'000
I do not have access to the property and he will no longer answer any of my phone calls or letters/notes
The house was valued at £70'000 by an estate agent when I was allowed access 1 time to complete my fathers probate forms etc
I do not own a home or have savings large enough so I would need a loan to buy him out

Are there any other strategies which would allow me to obtain the property 100%

For example if I secure the funds for £35000 is there a way for the order to be drafted which would allow me to purchase his half or would I also have to sell my half too

If we go to court for an order of sale which I suspect may happen, is there a way the order can be drafted allowing me to purchase/repurchase the property in its entirety?

Many thanks in advance

[dslippy]

Look for the Trusts of Land and Appointment of trustees act.
Thye answer is determined by the actual trusts on which the land is and was held. An application o=under the Act would lead a judge to ask for what purpose was the property acquired, and has that purpose been satisfied.

Making dangerous assumptions, it looks as if it may be that the house was bought for your uncle to live in. If so, you may have a bit of an uphill struggle.

[Tara Phoenix]

Hi DSLIPPY,

What assumptions am I making sorry? Do you mean the facts in regards to condition of the home, they were apparent during the estate agents evaluation where fresh vermin fecal matter was all over the property. It was also confirmed by my uncle. Or the broken televisions and videos recorders etc all over the house?

It wasn't bought for him to live in it belonged to my grandfather. He came to live there years later.

I am paying both the council tax and house insurance as I now own half and would like to sell my half which he is unable to buy so im not really left with any other options in my view.

Anyway thanks for replying

[dslippy]

The assumptions were mine, sorry.

The trusts are those when te property was actually shared, not when it was originally bought. In practice this might be looking at the words of the will. Was the 'years later' before your grandfather died?

Your answer lies in the Act I referred to. Youwould ask the court to set out the trusts upon which the land is now owned. This might well include an answer to the question of whether your uncle has te right to live in the house, and what contributions he must make. From that order follow any directions for the sale of the property or otherwise.

[Tara Phoenix]

My father died intestate without a will so I had to apply for letters of administration which have now been granted to me.
I found the agreement drafted in my fathers belongings by a solicitor signed by all parties following my grand fathers passing where its was made clear the house was to got to my father and uncle in equal 50% shares as tenants in common.

Thank you for your advice I will look into it.

[Tara Phoenix]

Sorry I forgot to reply in regard to the years later. My uncle moved into the property about 10-15 years after my grandfather passed away.

[dslippy]

My answer remains, your answer will be found under TOLATA. The situation is very unusual and needs detailed examination.

[Huxie]

⬆️ Spammer - ignore

[ULA]

Post deleted thanks Huxie