Case study: co-ownership property dispute

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Our litigation solicitors recently advised on a claim over a share in property that was co-owned between friends.

Our client’s friend alleged that our client (Ms J) signed over her share in the property to her. Ms J alleged it was forged and maintained that the property had been rented out and she had only received a few payments.

Part 36 offer

Our litigation solicitors made an early Part 36 offer for a 50% share in the property and obtained an expert report which supported Ms J’s position that the signature was forged.

We then issued a claim for the property to be sold, and for Ms J to receive her share in the property plus her share in the unpaid rent proceeds.

The friend (Miss P)’s solicitors issued a defence and counterclaim for the property to be transferred to her, so that they could sell the property.

Claim for failure to insure the property

During the proceedings, the property suffered fire damage multiple times. Our claim was therefore amended to include a claim against the other side for failure to insure the property, as it was alleged that it was no longer insured.

Court hearing

At the court hearing, our client was awarded her share in the rent proceeds, her share in the property, and for the property to be sold. Our client therefore beat her Part 36 offer and was awarded indemnity costs from the date of the offer expiring, with a payment on account of costs and a higher interest rate.

The property has now been sold at auction, and Ms J will hopefully receive her half share plus the rent shortly.

“I am happy with the outcome of the case and how our solicitor Nick Howell, dealt with all matters. The case lasted more than three years but Barcan+Kirby were engaged and Nick supported us all the way through giving advice and guidance and making sure we were a step ahead all the way. The case was very expensive but the costs order after winning has more than covered this. Overall I am glad that the knowledge and persistency of our solicitor and their chosen barrister won us the case and justice was served.”

– Our client

Contact our litigation solicitors in Bristol

If you have a property dispute, whether with a co-owner or your landlord or tenant, our specialist litigation solicitors in Bristol and South Gloucestershire can help.

Our dispute resolution lawyers make it their priority to resolve your dispute quickly, whilst protecting your best interests. For more information, or to book an appointment, call us on 0117 325 2929 or fill out our online enquiry form.

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