• We Are Close To Exchanging The Sale Of Our Flat, This Is A House Converted Into 2 Flats And We Are Both Co-freeholders. However Our Co-freeholder Is Refusing To Sign The Land Registry Transfer. What Can We Do? We Have Tried Everything But Going Down A Leg

    By Guest on 15th Oct 2016

  • 1 Answers

    By Guest on 17/10/2016

    What is his reason for refusal? The two of you hold the legal title on trust for each other and yourselves and an unreasonable refusal by a trustee to act in the best interests of a beneficiary is a breach of trust which is an offence. As a trustee yourself you do have the power under s36 of the Trustee Act 1925 to appoint a replacement trustee to sign the transfer deed though this can be dangerous and could lead to.action by the other trustee if he can show his refusal was reasonable and you ought to protect yourself by obtaining a court order

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