 MIL v Nasty property company
Hi Folks,
A bit of advice for my mother in law needed. She bought a flat in a converted Victorian building consisting of 4 flats. Together with the other occupants she formed a company and bought the freehold from the building company who did the conversion. However, one of the owners was a property developer. They were offered a share and to cut a long story short they tried to buy the entire freehold for themselves, going behing the other owner's backs. They actually failed to get it and missed out on a share. However, now, over six years later, they want a share. They are arguing that they are entitled to a share because they should have been offered it in the first place and that in company law the company (my MIL and the other owners) did not have a quarate and so by buying the freehold they acted outside company law. She has been fighting these sharks for almost ten years. They have broken planning regulations by putting in doors and windows where they should not be (looking over my MIL's garden) and they let the flat to people who need sheltered housing from Harringay (a different borough), and these are often people who have a big impact on the other residents. I believe that this is unlawful. We've been fighting for years with this but they are also lawyers. They combine property and the law in order to bully those around them. They are notorious in Hackney and several solicitors who have won cases against them have said that they never pay up anyway. The question is how do you proceed with such aggressive companies? Could there be an argument based on the Limitations Act, in that the freehold was bought over 6 years ago? My MIL is a very old lady who has spent far too much time and effort on this and it all seems to be going nowhere. She simply bought a flat and is now up against this company who are very aggressive. I know this all sounds a bit vague, but so is my poor MIL! Any help or advice about this would be very welcome. Thanks in advance.
Paul
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Accord Mortgages: Prelim £9,750 LBA 6/10/06
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Rise, like lions after slumber
In unvanquishable number!
Shake your chains to earth like dew
Which in sleep had fallen on you:
Ye are many - they are few!
(P. B. Shelley, 'The Masque of Anarchy', 1819)
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