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nonlegalmind
Guest
A property (residential, non partionable) is split between cousins of 2 families. My family have a minority 1/3rd share and the other family have a 2/3rd share, we are tenants in common. Over the last number of years, the property has been occupied by members of one or other of the families with no rental agreement or rent passing between the families. One of the cousins in the other family is a minor and the share is being held in trust by their parent. There is no prior agreement in place.
At this juncture, my family want to sell the property or be bought out and have been saying this for the past 2 years. At a recent meeting, the other family refused to buy us out or to sell the property and split the proceeds. They insist that the property be let, dividing the rental income according the shareholding. The projected rental income per person is substantially less than what could be earned in interest if the proceeds (after CGT) were invested in a decent deposit account. The likelihood of further capital appreciation in the property seems remote in the current property climate. So it doesn't seem to represent a financially viable option to hold onto it especially seeing as the deposit income from the invested proceds would exceed the rental income.
Althought we have stated that we do not want the property to be let, we are fearful the other family wll let it out anyway. If it was let, this could be used as a delaying tactic for any sale as there would be sitting tenants etc.
Q1. As minority shareholders, do we have a right to prevent the property being let? How could this be achieved?
Q2. How can the sale be forced?
Q3. How much might it cost?
Q4. If it went to court, is there any reason why we wouldnt be granted an order to sell (the minor who's share is in trust?)
Q5. How might costs be awarded if the order was granted?
At this juncture, my family want to sell the property or be bought out and have been saying this for the past 2 years. At a recent meeting, the other family refused to buy us out or to sell the property and split the proceeds. They insist that the property be let, dividing the rental income according the shareholding. The projected rental income per person is substantially less than what could be earned in interest if the proceeds (after CGT) were invested in a decent deposit account. The likelihood of further capital appreciation in the property seems remote in the current property climate. So it doesn't seem to represent a financially viable option to hold onto it especially seeing as the deposit income from the invested proceds would exceed the rental income.
Althought we have stated that we do not want the property to be let, we are fearful the other family wll let it out anyway. If it was let, this could be used as a delaying tactic for any sale as there would be sitting tenants etc.
Q1. As minority shareholders, do we have a right to prevent the property being let? How could this be achieved?
Q2. How can the sale be forced?
Q3. How much might it cost?
Q4. If it went to court, is there any reason why we wouldnt be granted an order to sell (the minor who's share is in trust?)
Q5. How might costs be awarded if the order was granted?