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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Property Law Qu (England). After family feud I have gone my

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Property Law Qu (England).
After family feud I have gone my separate ways and do not want anything to do with family any more however I am named as the title absolute on a property which my father purchased and put in my name (i signed the documents) to avoid tax I think. I bought a copy of the title register online form the land registry.
I would like to know if I can legally sell the property un-challenged without having to deal directly with my estranged family? Am i legally entitled to do what I want with the property? As I no longer have any contact with family how would they be able to sell the property or change my name of the title register without me signing it over? Basically I want to sell the property for revenue and I want to know if i can and the possible pit falls. The property is half built - structure is up but final fixtures and finishes are not, also the property was not built exactly to planning, family cutting corners, so would that affect me selling the property?
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.

Hi,

 

If you are solely named as the registered propreitor then the property is yours. If there was no declaration of trust confriming that you owned the property but your father/others retained an interest in the equity in the property OR any other contract which stating your father had an interset or that you should pass the proceeds of sale to him then you are free to deal with the property because you are the sole owner and the property is unemcumbered.

 

The registered title cannot be changed without the consent of the registered proprietor (ie. you), your family would not be able to do anything without you signing the necessary transfer forms or without a court ordet that the property be transferred.

 

It will be for your purchasers/their solicitors and surveyors to check that the property was built according to planning permision. If they make enquiries you must answer honestly (otherwise you could be sued) but it is their responsibilty to check.

 

 

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Kind regards,


Tom

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