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The High Court ordered the sale of a residential property co-owned by four siblings following a prolonged dispute over the method of sale after they inherited the property. While all parties agreed to sell, disagreement centred on whether to sell directly on the open market or to accept a developer's conditional 'option to buy' offer, contingent on planning permission. The court found it would be unjust and inequitable to require co-owners to accept speculative, conditional transaction risks and delay. Instead, the court ordered a straightforward open market sale, recommending that an experienced solicitor and estate agent be appointed by agreement or, failing that, nominated through professional channels. The judge declined to micro-manage the sale process, emphasising the need to avoid further dispute and preserve the property's value.
order for sale – co-ownership dispute – inheritance – residential property – method of sale – conditional sale offers – option agreements – planning permission – appointment of solicitor – appointment of estate agent – Land and Conveyancing Law Reform Act 2009 – open market sale – High Court
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