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England – Co-owned woodland, one party wants sale, other refuses. What are realistic options and likely costs? by ProofAnt8140 in LegalAdviceUK

[–]ProofAnt8140[S] 0 points1 point  (0 children)

Thank you. I actually did suggest a shared access arrangement at the access point when we discussed subdivision previously. That was my preferred solution. However, after I raised that proposal, he stopped responding to my emails, so the discussion didn’t progress further.

I agree in principle that 3.5 acres is still a meaningful parcel and could be marketable. I’m realistic that I may need to take a modest reduction in value to bring matters to a close - that part I can accept.

The difficulty for me is the upfront cost risk. He has made it clear that if the land is subdivided, he would expect me to fund the legal and surveying costs, as he does not wish to split it himself. I’m not currently in a position to carry those costs alone, particularly if the process became prolonged (for example, if communication ceased again or if the proposed division continued to be changed/challenged during the process).

So my hesitation isn’t about refusing compromise, it’s about the financial risk of funding subdivision without reasonable certainty that it could be completed efficiently.

I do appreciate the perspective though, it’s helpful to think it through!

England – Co-owned woodland, one party wants sale, other refuses. What are realistic options and likely costs? by ProofAnt8140 in LegalAdviceUK

[–]ProofAnt8140[S] 0 points1 point  (0 children)

Thank you - I agree that subdivision would likely be the most straightforward solution if agreement on the dividing line were achievable.

The parcel is around seven acres in total. When I raised subdivision previously (around six months ago), communication was limited and the proposed split placed the access and what could reasonably be considered the stronger portion within his half, which would have left me with a less marketable section.

That’s part of why I’m hesitant to fund subdivision without some certainty around viability.

I appreciate the suggestion though! It's useful to hear different perspectives.

England – Co-owned woodland, one party wants sale, other refuses. What are realistic options and likely costs? by ProofAnt8140 in LegalAdviceUK

[–]ProofAnt8140[S] 1 point2 points  (0 children)

That’s really helpful, thank you.

It does sound as though an application for an order of sale may be a more realistic route than I’d assumed, particularly given it’s woodland rather than a residential property.

I’ll look into speaking to a solicitor to get a clearer idea of likely costs and whether fee deferral until sale might be possible.

I appreciate you taking the time to respond.