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Resolving a Co‑Ownership Property Dispute

  • vickki88
  • May 27
  • 3 min read


Brief Overview

We were instructed to assist a client involved in a long‑running dispute with a family member over a jointly owned residential property. The relationship between the co‑owners had broken down, communication had become strained and attempts to agree a sale or buy‑out had repeatedly failed. Our role was to take control of the situation, protect our client’s position, and secure a practical and fair resolution.


Background

The property was a jointly owned flat held in equal shares under a Declaration of Trust. For many years it had been occupied by a family member, but due to a change in circumstances, the property was no longer required for residential use.


One co‑owner lived abroad and had taken unilateral steps, including changing the locks and restricting access to the property. This left our client unable to enter or inspect the property, despite being a legal owner.


The breakdown in communication and cooperation made it impossible for the parties to progress a sale or agree a valuation.


Our Instructions

Our client sought assistance to:


  • Regain access to the jointly owned property

  • Initiate a structured process for valuation

  • Explore a buy‑out or sale

  • Avoid unnecessary court proceedings where possible

  • Bring the dispute to a swift and fair conclusion



Steps Taken


Formal Correspondence and Reasserting Rights

We wrote to the co‑owner to:


  • Confirm our client’s legal entitlement to access the property

  • Request a key within a set timeframe

  • Set out a clear proposal for obtaining independent valuations

  • Outline options for a buy‑out or open‑market sale

  • Warn that failure to cooperate would result in an application for an Order for Sale under the Trusts of Land and Appointment of Trustees Act (TOLATA)


This established structure, deadlines and accountability where previously there had been none.

In accordance with the Declaration of Trust, we issued formal notice of our client’s intention to bring the trust to an end. This triggered a timetable requiring the co‑owner to confirm whether they wished to purchase our client’s share, failing which the property would be placed on the open market.


This step ensured the matter could not drift indefinitely.

During the process, the co‑owner (through their representatives) made an offer to purchase our client’s share. We:


  • Advised on the offer

  • Discussed the client’s financial expectations

  • Considered potential tax implications

  • Ensured any agreement included protection against future liabilities relating to the property

  • Secured a requirement for prompt completion

Once terms were agreed, we:


  • Liaised with the other side’s solicitors

  • Ensured the transfer documentation was properly executed

  • Confirmed that our client would have no further financial responsibility for the property

  • Oversaw the process through to completion

Outcome


The matter concluded without the need for court proceedings. Key outcomes included:


  • A negotiated buy‑out of our client’s share

  • Release from all future liabilities relating to the property

  • Completion within an agreed timescale

  • Avoidance of the cost and stress of TOLATA litigation


The client was able to draw a line under a difficult family dispute and move forward with certainty.


Conclusion


This case demonstrates the value of clear, firm and structured legal intervention in co‑ownership disputes. By taking control of communication, setting deadlines, and applying the correct legal mechanisms, we were able to secure a swift and fair resolution for our client without recourse to court.


If you are facing a similar issue and would like clear, practical legal advice, our team is here to help.



 
 
 

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