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I paid for planning permission and nbuilding regs on my fathers

Resolved Question:

I paid for planning permission and nbuilding regs on my fathers property, now he is refusing to pay back the money,i would like to place a charge on his property is this possible or not,i have proof of what i paid out.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Was there an expectation/understanding that the money would be paid back?

 

Do you have proof of the above?

 

How much did you spend?

 

Tom

Customer: replied 3 years ago.

i was suppose to receive a letter from a solicitor showing that i paid out, and he would give the funds back if and when the property gets sold, now he is saying he does not have to do this, and is not going to. total cost £10.900.00,he says that he will sell the house with planning at my cost.

Expert:  Thomas replied 3 years ago.

Hi,

 

The key issue is proving the transfer of money was a loan and not a gift. If you can prove it was a loan then you will be able to enforce it against your father .

 

The difficulty with attempting to register a charge (ie. called a "restriction") against the property now is that as you would not have the consent of the propreitor you would have to show that you had a "sufficient interest". You would have to demostrate this to the Land Registry and they would require evidence (more than just evidence of the transfer of monies).

 

You may have difficulty obtaining judgement against him now because he has not yet breached you agreement with him, though he will do when he sells the property if he does not repay you.

 

Instead I think you are probably better off getting a local solicitor to write to him and asking for him to consent to a charge being registered and warning that you will sue him via www.moneyclaim.gov.uk if the property is sold and you remain unpaid.

 

At the same time you can ask the solicitor to register a unliateral notice against the title by lodging form UN1 and giving details of the agreement. This would give you notice upon the proprety being sold, at which point you would be able to issue and provided you can prove the agreement be confident of receving judgement. You could then enforce this judgement against him, possibly by applying for a charging order against another/new property of his.

 

It's pretty sharp practice from your father if you don't mind my saying.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully reeived and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6373
Experience: BA (Hons), PgDip, Practising Solicitor
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