Can I force the sale of agricultural land as co-owner?

[bananasplit]

I co-own several acres of land with a relative. It was recently transferred to both our names simultaneously from our (living) co-owning grandparents. I paid a modest sum for my share and the land yields no income. I wish to see a quick return from this investment to fund a new business venture but the co-owner refuses to sell or divide the land to enable me to sell my half.
Would the courts grant an order for sale?

[Barmaid]

Essentially, co ownership of land is a trust. One of the things the courts will look at is the purpose of the trust - so what was the original purpose of the land being transferred to you?

Subject to that though, an order for sale is reasonably straightforward, although you should seek the advice of a solicitor if possible.

[bananasplit]

The land was originally bought in co-ownership. It was recently passed down the generations to avoid inheritance tax.

[Barmaid]

I don't see a particular problem then - you need to apply under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA) for an order for sale.

Try and negotiate with the co-owner first though. The CPR requires that litigation is last resort and you should make sensible attempts to avoid court if possible.