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Brother refuses to sell jointly inherited premises - is our only option legal action.

(8 Posts)
mulranno Sat 09-Jul-11 10:02:24

My husband's father died 5 years ago intestate. Through the ensuing legal process they agreed that the family business be given to my husbands brother as he had always worked there and that the commercial premises (from where the business is run) be owned jointly by the 3 surviving children (my husband, the brother and a sister).

The initial plan was that a separate property company would be set up with the 3 siblings as joint landlords charging rent for the commercial premises to the original family business (now soley owned by the brother). This has not happened due to apathy. However the brother has since had plans drawn up to extend the premises at his own personal expense to provide a flat for himself and two further flats which he want to rent out to use to pay rent to his brother and sister in lieu of commercial rent.

My husband wants to sell the premises and split the proceeds - the brother refuses to sell - saying that the premises will never ever be sold. Can the brother just apply for PP and just initiate the building work without our consent? can we force him to see or buy us out?

Collaborate Sat 09-Jul-11 11:17:23

Sounds like solicitors ought to get involved. There may well be back rent claimable as well.

mulranno Sat 09-Jul-11 12:01:24

is there such a thing as mediation in these cases -- really dont want to get heavy handed - just to negotiate a way forward which suits all parties.

Collaborate Sat 09-Jul-11 15:27:37

Can't they speak to each other?

babybarrister Sun 10-Jul-11 20:21:29

yes you can go to a mediator - look at the Centre for Effective Dispute Resolution Centre for qualified mediators in this area

www.cedr.com/

you may want to go and get some legal advice beforehand though so that you fully understand your fall back position

mulranno Sun 10-Jul-11 20:34:51

Collaborate.... Yes they have spoken but the brother is insistent that he will not sell. Does anyone know the legal stance? Are we stuck until everyone agrees to sell at the same time and for an agreed price?

noddyholder Sun 10-Jul-11 20:36:40

If he wants to develop a jointly owned property he will need to seek the permission of the other freeholders or maybe he could buy them out.

mulranno Wed 20-Jul-11 20:37:19

I understand that he can progress with an application for planning permission without all the freeholders agreement - what happens tho if he just starts extending?...are we just left with getting an injunction in place?

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