Help - My 'Plane share' is going wrong
Join Date: Aug 2006
Location: york
Age: 50
Posts: 91
Likes: 0
Received 0 Likes
on
0 Posts
If this chap is a good friend, then surley a bit of negotiation would resolve it? I would have though a new 172 could do the 100 mile in an hour, so one hour for you to drop it off to him, with the condition he drops you at the station to get home. Then he brings it back 2 weeks later and you drop him to the station and catch up on things with him, seeing as you wont be seeing that much of him while he is going through the honeymoon period with his new bit of skirt Trust me, he will be back into the pilot seat soon, like less than six months the novelty of the new woman will be wearing thin. Stick with it for a month or so and see where it goes to! Dont burn bridges in haste, thats my two pennorth for what its worth.
PB
PB
Join Date: Mar 2003
Location: London
Posts: 59
Likes: 0
Received 0 Likes
on
0 Posts
A Lawyer Writes...
Guys
This is almost certainly not a partnership as that word is understood in English law.
A partnership is the relation which subsists between persons carrying on a business in common with a view of profit. Section 1 Partnership Act 1890.
This is probably simple co-ownership. Just possibly a trust.
So the right to dissolve a partnership, which usually involves the sale of its assets, is irrelevant.
That's why you need a clear agreement as to what happens if you want to "dissolve" the group (to use a neutral word).
Ignoring land, which has its own special rules, there is no automatic right to force a sale of co-owned property or for one party to acquire the other's share. You can sell your own share to someone else without the other's consent, and so can he. But you can't force your co-owner to join in a sale of the asset or to sell his own share against his will, unless of course you've some form of agreement to that effect.
So the facts (including oral agreements and understandings) have to be trawled through in fine detail to see if something can be used to support the existence of an agreement (or possibly even a trust) for a sale.
If you can't settle it amicably, this could cost you a lot in fees. Settle it amicably if you possibly can, but if you can't, do find a competent solicitor who does aviation work and has seen this area before. If you pay peanuts, you WILL get advice from a monkey.
ALEXA
This is almost certainly not a partnership as that word is understood in English law.
A partnership is the relation which subsists between persons carrying on a business in common with a view of profit. Section 1 Partnership Act 1890.
This is probably simple co-ownership. Just possibly a trust.
So the right to dissolve a partnership, which usually involves the sale of its assets, is irrelevant.
That's why you need a clear agreement as to what happens if you want to "dissolve" the group (to use a neutral word).
Ignoring land, which has its own special rules, there is no automatic right to force a sale of co-owned property or for one party to acquire the other's share. You can sell your own share to someone else without the other's consent, and so can he. But you can't force your co-owner to join in a sale of the asset or to sell his own share against his will, unless of course you've some form of agreement to that effect.
So the facts (including oral agreements and understandings) have to be trawled through in fine detail to see if something can be used to support the existence of an agreement (or possibly even a trust) for a sale.
If you can't settle it amicably, this could cost you a lot in fees. Settle it amicably if you possibly can, but if you can't, do find a competent solicitor who does aviation work and has seen this area before. If you pay peanuts, you WILL get advice from a monkey.
ALEXA