Deed of Trust civil law property dispute

[Daniel2000]

I have a Deed of Trust Agreement with a business partner for part ownership of a BTL house I invested in that he is currently the legal owner of. The Deed is registered as a restriction at the Land Registry. Unfortunately, the business partner (and friend of over 20 years) is now refusing to cooperate with a refinance that we had previously planned having signed contract of sale to transfer the property into our limited company and pay off his mortgage. He doesn’t live in the house but is threatening to move back in, in breach the Deed.

My question is therefore could I take legal action to force the sale of the property and recover my share of the proceeds? I heard legal costs could be a % of the value of the property which is around £200k?

As I have the contract of sale signed could I alternatively sue for damages? I also have over a year of evidence in messages, meetings and recordings that support the fact he intended to proceed with the refinance/transfer. Thank you for any advice.

[atticus]

You may be in a position to take legal action, but it is not going to be possible to comment on your chances of success without seeing all relevant documents and understanding all relevant facts.

You should take legal advice.

The cost of court action can be very expensive, but is not generally calculated as a percentage of the value of the property.

[Daniel2000]

You may be in a position to take legal action, but it is not going to be possible to comment on your chances of success without seeing all relevant documents and understanding all relevant facts.

You should take legal advice.

The cost of court action can be very expensive, but is not generally calculated as a percentage of the value of the property.

Thank you for your response. Would it in theory be possible to force the sale based on a Deed of Trust dispute? I understand there will be many factors.

[atticus]

In theory, yes, but as I have already said it is not going to be possible to comment on your chances of success without seeing all relevant documents and understanding all relevant facts.

But if you want to research further, look at the Trusts of Land and Appointment of Trustees Act 1996 (commonly referred to as TOLATA)