UK Property Law
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Thanks for your enquiry.
You are quite correct in what you say- the Buyer takes the Property, subject to the Charges, and if any of the holders of the Charges wish to take action to enforce their Charge by way of a Sale, then this is something between him and the Buyer, and the Buyer certainly does not have any claim against the Seller if this happens.
I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.
Thanks for your prompt response. The matter is a bit more complicated in that there is also some legal debate about what if anything was transferred to the buyer by the seller other than beneficial interest as the charges remained in place and the transfer was subject to them anyway. However what I would like to know is the buyer who is in occupation of the property in in breach of the contract with the seller in that he has raised a "requisition" and or "objection" by challenging the charge holder. Does this entitle him to remain in the property in spite of this breach or does the new registered owner have the right to have him evicted by court order. Put another way, does the "buyer" have any legal claim to the property?
The Buyer has legally purchased the Property, so is entitled to reside in there, until such time as any of the Charge holders obtains a repossession order evicting him.
Likewise, it is up to the Buyer if indeed he wishes to try and contest any such proceedings, but by doing this, he is not in breach of Contract- it is clear from the wording in the TR1 what each party was getting from the deal, and the Seller likewise can not object if indeed the Buyer wishes to object/dispute any of the Charges.
I hope this assists.
Sorry I think our wires are crossed. I am going to put this to another expert.
Thank you for your time
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