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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20058
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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can i sell a house that has a unilateral notice on it?

Customer Question

can i sell a house that has a unilateral notice on it?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.


-Could you explain your situation a little more?
Customer: replied 1 year ago.
I have a court order to sell a inherited house and I have been ordered to make payment to a beneficiary of a certain amount. This was ordered by the court. I was to exchange on the property this week and now her solicitors are requesting interest as they feel that it took too long for the sale. I have advised I will not pay the additional amount. My conveyancing solicitors are saying they can't continue with the sale until its been agreed as there is this notice. Although my understanding is it shouldn't restrict the sale.
Expert:  Stuart J replied 1 year ago.








It does not
restrict the sale, it restricts the purchase. Solicitor will not allow a client
to proceed with the sale unless there is an undertaking from the selling
solicitor to remove the notice.



If anyone does not
have a mortgage and wants to pay cash, they can do so and then deal with the
grief of removing the notice themselves but, why should they bother?



You are therefore
stuck with removing the notice before you can get anyone to proceed with their
purchase.



The solicitor has
dealt with this perfectly correctly.



Your solicitor can
undertake to pay the money to whoever has the benefit of the notice, from the
sale proceeds.



They are not
entitled to interest unless the court has ordered interest. They are not
entitled to interest in most cases after the date of any court order unless the
order specifically say so.



I would write back
to them giving them the principal sum and telling them that if they insist on
interest, they will have to refer the matter back to court.



Tell them that if
they refuse to remove the notice meanwhile, you will be asking for court costs
from them because it will be used that is taking them to court and not them
taking you.



Of course, once you
have paid the principal sum, you can ask the land registry to remove the notice
on the basis that the claimant is no longer has any interest in the property. Because
the claimant knows the properties of the sale, they are trying to twist your
arm by holding it up.



You can pay the
interest "under duress", let the matter complete, and then issue small claims
court proceedings www.moneyclaim.gov.uk
for return of the interest on the basis that you paid under commercial pressure
and duress / mistake and let the court decide whether they are entitled to
interest or not. That is probably what I would do because it gets the sale
completed without delay. I would tell them exactly what you are going to do.
Your solicitor can deal with this for you.







I'm sorry, I appreciate that this
is probably not the answer you wanted but there is no point in me misleading
you.







Does
that answer the question? Can I help further? Can I answer any specific points?



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Customer: replied 1 year ago.


thank you, XXXXX XXXXX didn't really understand the below bits,


 


Tell them that if
they refuse to remove the notice meanwhile, you will be asking for court costs
from them because it will be used that is taking them to court and not them
taking you. -


 


what do you mean by used to taking them to court?





Of course, once you
have paid the principal sum, you can ask the land registry to remove the notice
on the basis that the claimant is no longer has any interest in the property. Because
the claimant knows the properties of the sale, they are trying to twist your
arm by holding it up.



and how do you suggest me paying the principal sum prior to sale?


 


thanks

Expert:  Stuart J replied 1 year ago.




You
don't actually need to pay the principal sum prior to sale, your solicitor gives an undertaking
to the buyers solicitor to remove the notice immediately after completion, or,
within 21 days or so.

That
will be sufficient for the buyers solicitor.


Yr sol also gives an undertaking to the prson with the notice, to pay the sum on completion provided they agree to remove the notice

Once
you have paid the money, whoever has put the notice on, can be compelled to
remove it. And that is why I said that if they refuse to remove it, they will
not be taking you to court for money but you will be taking them to court to
remove the notice.



I
assume that the house you are selling is the house on which the claimant alleges
that there is money owing to them.



There
is another point with regard to interest and that is that they are not entitled
to the interest because the delay is of their own making because, your
solicitor could have given an undertaking to pay the money on completion,
regardless of the notice. Solicitors undertaking is binding and if they do not
comply with the undertaking, it is a severe disciplinary matter.



Does
that answer the question? Can I help further? Can I answer any specific points?





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rate my answer service even if it was not what you wanted to hear. You should
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Customer: replied 1 year ago.

Thanks. Yes the claimant does have a legitimate 'stake' in the property however its the amount which I contest.


 


In relation to what u said about the undertaking by my solicitors, is the agreement which was initially made in accepting a certain amount?

Expert:  Stuart J replied 1 year ago.
I am sorry, I don't quite understand the question
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20058
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
Customer: replied 1 year ago.
That's ok. You been most helpful. Thanks
Customer: replied 1 year ago.
Thanks very much. At least I know what my options are. Thanks again
Expert:  Stuart J replied 1 year ago.
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Customer: replied 1 year ago.
I'm not sure whether this is still open or not? However an update is that the interest has been dropped but the solicitors are still expecting me to pay the awarded 60% of their fees but they are included fees occurred after the court order date, is that usual?
Expert:  Stuart J replied 1 year ago.
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Customer: replied 1 year ago.
The court has ordered 60% of their fees to be paid but they are including fees past the court order date. This is what I am contesting. If I don't pay they won't release the notice. Will I be able to make a claim against them if I'm force to pay it? Thanks
Expert:  Stuart J replied 1 year ago.
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