Q&As

What are the options for a share of freehold owner when a co-freeholder is refusing to sign the TR1?

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Published on LexisPSL on 01/06/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • What are the options for a share of freehold owner when a co-freeholder is refusing to sign the TR1?

What are the options for a share of freehold owner when a co-freeholder is refusing to sign the TR1?

By section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), any person who is a trustee of land or has an interest in property subject to a trust of land can make an application to the court for an order under TOLATA 1996, s 14.

On any such application, pursuant to TOLATA 1996, s 14(2), the court has a discretion to make any such order:

  1. relating to the exercise by the trustees of any of their functions, or

  2. declaring the nature or extent of a person’s interest in property subject to the trust

By TOLATA 1996, s 6, for the purpose of exercising their functions as trustees, the trustees of land have in relation to the land subject to the trustee all the powers of an absolute owner.

In theory, therefore, on any application made pursuant to

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