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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9205
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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conveyance of property. A share a freehold of a property

Resolved Question:

conveyance of property.
A share a freehold of a property 2 flats.

Flat1 has share of freehold + lease holder 120 years Mr&Mrs P
Flat2 has share of freehold + Lease holder for 120 years Myself

Problem at one time i owned the Flat1 jointly with my Mother Freehold+share of lease. Flat 2 Lease hold to me only 120 years. When the Flat 1 was sold my Mother remained a freeholder but with no lease, which has raised a few eyebrows from the solicitors.

My relationship with her ended serious problems regarding family. Can she refuse to transfer the freehold? The buyers solicitors wants her removed as well as my solicitors.

Ally
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 1 year ago.

 

Hello there,

 

I am afraid to say that your mother can't be forced to transfer/sell her share in the Freehold if she does not wish to.

 

She should of course transferred the Freehold at the time she sold the Flat, and perhaps the Solicitors involved then are to blame for this present scenario.

 

Not sure whether your mother would be prepared to transfer her share for a small payment, but if you can't reason with her, this may be your only option.

 

I am sorry this is not the answer you were looking for, but it sets out the legal position.

 

If I have assisted, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

 

Customer: replied 1 year ago.

Hi, she suffers from dementia. And she has given me a power of Attorney, is that enough for me to sign in her place? She gave it to me on the basis of executing all things to do with the property.

Expert:  Aston Lawyer replied 1 year ago.

 

Hi again,

 

Thanks for your reply.

 

Is the power of attorney a specific one, granting you the power to deal with the Freehold interest in the Flat? When was this granted to you?

 

Kind Regards

AL

Customer: replied 1 year ago.

Hi Aston, General Power of Attorney in accordance to section 10 of the Power of Attorneys Act 1971


given in 2007.


 


Verbally for dealing with the house but not written on the Power of attorney.

Expert:  Aston Lawyer replied 1 year ago.

 

Hi,

 

Such a Power of Attorney automatically terminates if the Donor (your mother) loses mental capacity. If your mother suffers from dementia, then the power of attorney no longer has any effect, I'm afraid.

 

Even if the Power was still valid, then as Attorney, you are under a duty to act in the best interests of the Donor. So, although you could transfer the share to a third party, you would be under a duty to get the best possible price for the Freehold share, and would not be able to give it away for nothing.

 

I hope this assists.

 

Kind Regards

AL

 

 

Customer: replied 1 year ago.

Thanks Aston,


 


I will use the Power of Attorney if i can and settle with the consequence there after. Our joint solictor at the time did this without our knowledge and the new owners of the flat1 is also in the same problem.


 


 

Expert:  Aston Lawyer replied 1 year ago.

 

Hi Ally,

 

Well, good luck!

 

If I have helped, I would be grateful if you could leave positive feedback.

 

Best Wishes

AL

Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9205
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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