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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9070
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Again Clare. thanks answer.....now heres

Customer Question

hello again Clare. thanks for your answer.....now heres another Q This one concerns an Option to Purchase land ......which has for the beneficary a Unilateral Notice recorded in the Charges Register of this land at The Land Registry. The current freeholder
is claiming that the Option agreement was never Signed........the Land Reg say they do not have a signed copy or any copy at all..........The Question is, is the Option Agreement enforceable at Law or in Equity - there is Plenty of Evidence that shows that
the intended Grantor of the Option would not have acquired the freehold if he did not grant the Option ..... I know this because I hold all the evidence as I was the Freeholder before the intended Grantor of this Option. Indeed it was a Central Plank or condition
of me selling the freehold. Please advise . Also, regarding the Q of earlier today, is there No way that I could ask the local County Court to Grant an Order that , that chap who bought the land have it registered in his name ? Charles
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.
Hi
Did you see the signed agreement at all?
Clare
Customer: replied 1 year ago.
I vaguely recollect seeing it....but I havent got a Signed Copy.... I think that the Signed one was sent to a Solicitor who tried to Exercise the Option.... But he says he hasnt got a Signed Copy...
Charles
Expert:  Clare replied 1 year ago.
Hi
Who registered the Notice?
Clare
Customer: replied 1 year ago.
hi Clare
It was Mr Louis Griffiths of Hacking Ashton Solicitors of Newcastle-Under-Lyme who registered the Unilateral Notice which is Registered at the Land registry .Charles
Expert:  Clare replied 1 year ago.
Hi
And does he have a signed copy of the Option?
Clare
Customer: replied 1 year ago.
Hi Clare, ...no Mr Griffiths doesnt. ..... His practice is now dissolved ... But He gave me their file on the matter Before his Practice Closed down.....
hope that helps,
Charles
Expert:  Clare replied 1 year ago.
Hi
When was it signed?
Clare
Customer: replied 1 year ago.
Good Morning ClareWell, according to my Instructions , it Should have been signed by the Grantor of the option and Received by Solicitors for John Copeland (beneficary of The Option) BEFORE I signed Conveyance . ...... When at Signing of Conveyance I did Ask the Partner of Hacking Ashton -Mr Louis Griffiths , if everything was in Place ......he Assured me it WAS .....otherwise I would NOT have signed the conveyance.
Louis got the Option Registered at the Land Registry about four to five months later.....by way of a Unilateral Notice.
Hope this clarifies
Charles
Expert:  Clare replied 1 year ago.
Hi
But there is no copy of the signed document on his file?
Clare
Customer: replied 1 year ago.
hi Clare
No sorry , there doesnt seem to be a Signed copy on any ones file ....
Charles
Expert:  Clare replied 1 year ago.
Hi
Who has acted to their detriment on the basis of this document?
Clare
Customer: replied 1 year ago.
Well if it was Never Signed...Hacking Ashton Solicitors havent done their job properly.....if the Option is not Enforceable...then it is to the Debtriment of Mr John Copeland....and me as John has already agreed to sell it to me.Charles
Expert:  Clare replied 1 year ago.
HiI assume that the owners of the property are denying the existence of the document?Clare
Customer: replied 1 year ago.
Yes....the person who has their name on the Freehold title is saying the Option Certificate or form does exist.....but it was never Signed.
But I have lots of Written Evidence which Proves that the Other-side Intended to Grant The Option.
Charles