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No, at no time has he agreed. It has not yet been built and will not be before sale. The 10% increase in value is purely for being granted planning permission on the property. The other party has been invited to accept the estate agent valuation or agree to the appointment of a jointly appointed expert. He has not responded to this request.
If he did not agree to you applying for planning permission, thenin effect, you went off on a frolic of your own.
If the planning permission cost a couple of thousand pounds andthe value has gone up by ten grand, he has two options. Agree to pay half ofthe planning and take half of the uplift or pay no half of planning and get no half of uplift.
Just because you spent the money on planning doesn't mean thatyou get 100% of the uplift
Does that answer the question? Can I assistfurther or answer any specific queries?
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Thank you. I am pleasantly surprised by your answer. He was written to after planning permission was granted and invited to pay half the cost of the application and associated services of planning consultants, architects and surveyors involved. He refused. On the basis of your answer, this would support my claim for the whole of the uplift. Could you confirm this, please.
As you can guess, I am in the process of formulating my claim prior to going to court in the absence of a mediated settlement.
I should like to ask another similar question that I will pay for by bonus, if I may. In what is regarded by others as a well written and fully evidenced Witness Statement, it is shown that for six years the other owner has frustrated the sale of the property. He has achieved this by misrepresentation (e.g. he had commisioned a "full survey" of the property that proved only an inaccurate plan), making written undertakings to prevent the matter being brought to Court only to renegade on these (e.g agreements to sell the property and appoint a joint solicitor to prepare the property for sale and subsequent conveyance) and obstruction (e.g turning down highly acceptable offers without consultation).
Throughout this period, he used the property in an attractive seaside village extensively as a second home until, in 2009, his wife ceased earning and he placed his main home on the market. Two months ago, he managed to sell his home and has moved full time into occupation of the jointly owned property without consultation. At no stage has he paid any rent, despite requests.
As well as seeking to recover some rent, for six years I have been denied realising the substantial money that is locked up in the equally inherited property. Can I claim interest on this and, if so, at what rate of interest is the Court likely to award? I should add that the other owner has made a couple of offers to purchase the property at a valuation £200,000 below that of CPR cfonforming valuer.
That is not to say that he is not going to beunreasonable or an idiot or want the benefits of the uplift without the burdenof paying for half of the planning permission. I think the only issue here iswhether he will pay half of the application for the planning permission becausehe will want half of the uplift in any event and you don't give him half of theuplift, expect him to take you to court, you would then counterclaim half ofthe cost of the application for planning permission which, if he has any sense,he will accept readily.
Remember there is no legislation for "stupid".
Regarding the next question, I need thebackground please because it appears that these are hypothetical facts where isin actual fact they are not, it is a real scenario.
It appears to be a completely separate property.I am going to need the full facts from start to finish please.
With the hearing in court next month, he has not altered his position of refusing to pay half the near £6000 in costs of the planning submission. Unfortunately, the maximum I will be awarded is half of these, with the Court unwilling/unable to dispense "justice" by recognising the size of his gain despite his best efforts to prevent it!
In relation to the claim for loss of interest, the facts given to you are actual and evidenced and relate to the same joint owner of the same property. Without your being specific, there is not much I can add. For six years I have been desperate to obtain my half of the property as I am a cancer patient and concerned about the expensive home care that I shall need. The simple fact is that I am now forced to go to court to gain an order for sale ( which should be automatic) and an order for responsibility for this sale to be passed to me to prevent continued obstruction. In terms of damages, nothing can be done about the anxiety caused to me over this period but I have suffered real financial loss by being cynically and demonstrably denied access to my half share of its eventual sale value for these six years.
Please remember that I have given you my opinionand I have no control over what view the judge will take on this or what theother side are going to say.
Please remember that litigation needs at leasttwo parties and no one ever goes to court expecting to lose and yet one of themgenerally does having been advised by the respective legal advisers that theyhad a good chance of success!
Too late now, but the situation with this wouldhave been to make an application to court for an order for sale a long longtime ago.
I am still of the opinion that if he wants thebenefit of the uplift (assuming you can prove all that and have evidence fromvaluers) he has the burden of half of the cost of planning permission.
Please remember that the court can makepretty far reaching orders regarding the sales process, such as:
the agent to beused,
the solicitor to beused
the asking price
the price to beaccepted
for the co-owner tocooperate with all aspects of the process
for the co-owner notto be present when viewings take place
actually for theco-owner to move out to facilitate the sale if they are using to comply withthe previous point cooperating general
and if they refuseto sign any documentation, the court can actually grant power of attorney foryou to deal on your own or can actually signed the documents instead of theco-owner and charge them legal costs for the privilege!
Thanks. I am pretty sure the judge will award half the planning costs despite his earlier refusal and thereby remove half the upflift from consideration.
I have not had an answer to the question of the six years loss of interest on my inheritance that I have incurred, based on my ability to show this has been due to deliberate frustration by the other party to getting the property on the market despite undertakings made by him throughout this period.
Sorry. Mea culpa. Yes, add that in if it has been lost because of his obstruction. The worst that can happen is that it is disallowed. Go for it
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