Terms & Conditions

[jomckeigue]

We have a claim where the claim is a standard claim and the claimant’s wife jointly owns a piece of land with her brother and sister. The claimant has stated that this can’t be sold as the other parties won’t agree to this and that it generates no income. The land registry values the land at £32,000. Can we take the value of the land into account in calculations. If so, which reg is this covered by?

[Anonymous]

This has come up before. You need to know (deep breath) whether the owners are “joint tenants” or “tenants in common” – read the commentary to jointly owned capital in the CPAG guide – and then get the VO to value the claimant’s share accordingly. In our area there is always some value to a claimant’s share of property.

[David]

The Guidance Manual is also helpful – C2 para 2.175/6

[Author]

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