Joint land ownership agreement to offer first to each before open market sale

[Pinkaroo]

My neighbour and I bought a parcel of land as tenants in common
We agreed that if we wanted to sell we would formally offer it to each other granting 28 days before going to the open market otherwise
The party offered the right to buy the land had 28 days to formally reply indicating whether they wish to buy or not
Valuation to be agreed by a RICS member if we couldn’t agree a value ourselves
This agreement was formalised in a Solicitor’s Office as a Deed and a document was produced setting out these terms
Both parties signed this agreement in front of witnesses and retained a copy
Our neighbour has just offered another party the opportunity to buy his interest in the land without compliance with the terms as set out above
He will not communicate with us
Can he do so?

[atticus]

If your agreement is well drafted you should be able to enforce it.

Would you be able to buy his share?

[Pinkaroo]

Thank you for your response
I would like to buy it following the process set out in the deed around written agreement to buy complying with the RICS Valuation but he has moved house and refuses to communicate with us

[Pinkaroo]

How do I enforce it and ensure he doesn’t just sell it
ive told the people who want to buy it about the Deed but they see an opportunity to buy and may choose to ignore my words

[atticus]

Step 1. Write a firm but polite letter reminding him of the agreement. Ask if he is intending to sell his share, and say that if so, he must first offer the share to you.

Step 2. If you have to, you can apply to court for an injunction to stop him selling his share without first offering it to you. Legal assistance recommended.

[Pinkaroo]

Thank you Atticus
Im very grateful for your Counsel

[Pinkaroo]

Atticus
Do you see any harm in showing the Deed to the person proposing to buy contrary to our wishes so that they can be assured of its existence ?

[atticus]

I see no reason not to do that.

[Pinkaroo]

Thank you
I am following your advice today and am most grateful
I shall update

[Pinkaroo]

Atticus
would this Deed be considered a Covenant?
if it were and it was not registered with Land Registry would it be unenforceable?
I simplistically see it as a Contract between two parties?
Am I wrong?

[atticus]

I hope all goes well and that expensive action can be avoided.


Edited to add: Lawyers refer to promises made by deed as covenants. But it is just a word: we are talking about legally binding and enforceable promises.

Registration at Land Registry is not important; I assume that you are shown to own the land as tenants in common.

What you have described is an enforceable agreement.

[Pinkaroo]

Thank you