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How can I force joint freeholder to sign transfer deeds?

(13 Posts)
gallicgirl Wed 05-Mar-14 21:01:06

DP and I live in a house which has been converted into 2 flats. We are joint freeholders with the owners of the other flat. We're in the process of moving and the other freeholders were sent transfer forms 2 weeks ago but haven't returned them yet and it's now holding up the sale.
When DP saw one of the freeholders last week he had a bit of a moan about the cost of seeing a solicitor and land registry fees. He's also self employed so he said there's a cost of taking time off work. DP suggested he gave the information to our solicitors and we'd consider paying on completion. He's done nothing.
I went to talk to his wife this evening and she brought
up same points, implied we should pay then shut the door in my face!
I'll discuss with our solicitors tomorrow but I'm really annoyed because he could have made his position clear 2 weeks ago!

Any ideas to force him to sign?

gallicgirl Wed 05-Mar-14 22:29:58

Anyone?

I'm busy planning revenge. grin

5OBalesofHay Wed 05-Mar-14 22:33:59

Pay their costs and be nice. You can't force anyone to your bidding.

gallicgirl Wed 05-Mar-14 22:44:30

Thanks!
I didn't mean it quite like that. I can pay their costs but don't want to give them money directly. Ultimately they could still refuse or take their time and the sale risks falling through.

LondonGirl83 Wed 05-Mar-14 23:29:31

Your neighbours are behaving badly. What you are asking is simply part of being a joint-freeholder. Whoever owns the freehold whenever they decide to sell will do the same. I recently sold under a similar freehold situation and there wasn't an issue. Do you generally not get along or is this a new issue?

gallicgirl Thu 06-Mar-14 07:35:50

We're not pally but we don't argue either. They're not great neighbours but we just shrug and get on with it.
I think the problem is that maybe they don't have the money but instead of just saying and asking us to pay, they don't engage and complain afterwards.
I suspect they don't understand their responsibilities under the freehold. For example, the garden is solely theirs but they think it's shared. Of course they're happyto use all of it and leave their junk aaround!

I've calmed down a bit now but I was fuming last night.

Onesleeptillwembley Thu 06-Mar-14 08:37:06

Surely when you wanted them to do something to suit you you should have sent the request with a covering letter saying you would cover the costs. Maybe just sending it and expecting them to has got their backs up. It would if it was me. And saying you will pay in completion isn't good enough. What if your buyer drops out? They could be liable for the costs. Why should it cost them anything? You've handled this rather rudely, and really you need to go and smooth the waters, not be asking how you can force them. That really does sound quite arrogant.

noddyholder Thu 06-Mar-14 08:40:15

I didn't know it cost the other freeholders

noddyholder Thu 06-Mar-14 08:41:08

I am selling a shared freehold ATM and didn't know this!

gallicgirl Thu 06-Mar-14 09:08:23

It's cost to them because they got married. She changed her name but didn't update land registry. When they bought the property, Dp would have borne the cost of signing the transfer documents.

The request was sent with a solicitors letter and this situation is the norm. When they first had a moan about the cost, DP suggested they sent the information to our solicitors but they haven't done so. They haven't directly asked us to pay, just refused to engage.

Vatta Thu 06-Mar-14 09:31:58

They will have to see a lawyer when signing the form - the land registry is very strict now that a lawyer has to confirm that the person signing the form really is the person they claim to be. The lawyer will need to see their passports and proof of address in order to sign the necessary forms. This was introduced a couple of years ago, it's to reduce fraudulent property transfers.

So they will have costs, and it is a hassle for them.

Check the terms of your lease - it may specifically say how long the freeholder can take to sign the consent and who covers costs. But in general I'd expect you to pay their costs upfront.

gallicgirl Thu 06-Mar-14 13:28:53

Cheers.
Have made a few enquiries and spoken to our solicitors and it sounds like it should only cost 20 quid and maybe a 10 minute appointment. Can't believe they're making such a fuss.

kedy Wed 07-Jun-17 20:18:03

Hi, it's a long time ago, but in case you ever look here again, i sympathise with you and similarly fuming myself right now. i dont think you have been arrogant, as they would have asked you to do the same if they were selling. this law is ridiculous and prevents people from getting on with their lives. yes prevention of the fraudulent sales is a good intent, but there must be a way to stop horrible neighbours like this stopping your sale. we have a guy who wants to buy our flat himself, which is why he is holding up. very angry...

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