How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20871
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
11292137
Type Your UK Property Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

I am in dispute with a Builder over a new house and I have

Resolved Question:

I am in dispute with a Builder over a new house and I have taken him to Court due in December 2013. The builder now lives out of the Country [Taiwan] and the case costs are very considerable.
In the event I succeed –what precaution can I put in place now to prevent the sale of the house to a third party As I understand the only asset is the House and I would be seeking to get Court costs /damages etc.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.
Is his house/asset in the UK?
Customer: replied 1 year ago.

yes its in the UK

Expert:  Stuart J replied 1 year ago.








There
are two scenarios, he wins and you have to pay a huge amount of costs to him or
he wins and he has to pay a huge amount of costs to you?



Can
you pay his costs if he wins?



Are
solicitors dealing with this for you?



Customer: replied 1 year ago.

Solicitors are dealing with the Court case


 


BUT


 


The Land Tribunal I am dealing with myself in direct contact and answering questions etc. BUT again the question as the house is in the wrong position what will the Land tribunal rule in your opinion as I wish to use the additional argument to strengthen my case

Expert:  Stuart J replied 1 year ago.




I'm
afraid that doesn't answer my question.

There
now appear to be two things, a court case and the land tribunal.



Please
explain.



Customer: replied 1 year ago.

I am dealing with the Land tribunal - For me - if the land tribunal rules the house is in the wrong position and cannot be "complete" then the builder cannot register the house !


so the question again - house in wrong position and conditions attached by me which were not done - I seek the find that the builder cannot register the property as complete

Expert:  Stuart J replied 1 year ago.





I am
missing something here.

The
question was about your costs and putting something in place to prevent the
sale of his residential house to a third party. It wasn't anything to do with
the subject matter being in the wrong place.



Customer: replied 1 year ago.

Sorry I am really getting old !!


yes the court case will start in December this year - but as the builder lives out of the UK and I believe to be the only property he owns or the only tangible asset - how to protect the myself if he just vanishes - my costs are covered and I have assetts


 

Expert:  Stuart J replied 1 year ago.




Thank
you. I thought it was me for a minute!

You
can ask the court for an order for security for costs if you think that the
builder is carrying on with this litigation with no hope of winning and without
the ability to pay the costs if you win. Basically he would have to give you a
charge against his house or some other kind of security.



Even
without that order, if the costs are such that he would be made bankrupt, and
he has already sold the house, you can ask the trustee in bankruptcy to set the
transfer aside and getting back from whoever bought it.



You
are unlikely to get an order freezing the asset that would last between now and
December although you would get an order if you discovered that the house was
on the market and would prove that he was not good for your legal costs in the
UK in the event that you won, if the house was sold



More?



Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20871
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience
 
 
 
Chat Now With A Solicitor
Stuart J
Stuart J
Solicitor
3166 Satisfied Customers
PGD Law. 20 years legal profession, 6 as partner in High Street practice