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 Nicola-mod Your Own Question

Nicola-mod, Moderator
Category: Law
Satisfied Customers: 9
Experience:  Moderator
Type Your Law Question Here...
Nicola-mod is online now

I agreed to purchase a small plot of land in order to help

Customer Question

I agreed to purchase a small plot of land in order to help out some acquaintances I had, they then asked if I would consider buying their house with a view to letting them rent it back. I agreed to look into it and had an extensive survey carried out and as a good will gesture - stupidly in hind sight I gave them a £2,000 deposit on the land. I have txt documentation to back this up and I transferred the money form my account and called it deposit so it was clear. They have subsequently pulled out and claim they do things slow so they couldn't guarantee the return of my money - ironically that were very quick at taking it! I would like to know how I go about pitting a charge on the land and or house to insure that even if they sell I will get my money back. Could you please advise how I would go about putting Thad charge on the land.

Mant thanks

Kathryn talbot
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hi there,

Thanks for your enquiry and am sorry to hear of your situation.

The ease of putting a Charge on their property entirely depends on whether the owners consent or not.
If they do consent, it is just the case of getting a private Charge Deed signed by them (you can download such a Form from the Land Registry website and it's called a CH1).

If they do not consent, which I am guessing is going to be the case, then I'm afraid you are unable to register such a Charge without obtaining a Court order, as you need to prove to the Land Registry that you are indeed owed the money. I'm afraid this isn't going to be a quick job- you would need to sue them in the County Court under the small claims procedure, and once you have obtained judgment, you would then need to go back to Court and obtain a "Charging Order" which is when you can then register the Charge against their property.

Alternatively, you could register a Notice against their Deeds, although this merely acts as a warning to you in that as and when the house is sold, you would be notified. By registering the notice, called a Unilateral Notice, this is not evidence that the debt is due and although you can register such a Notice without the owners consent, once it is registered at the Land Registry, the owners will then be notified of the registration and they can then apply at any time to cancel the notice and by doing so require you to prove the validity of their claim.

I hope this assists.

Kind Regards
Expert:  Aston Lawyer replied 2 years ago.


Please let me know if you require any further clarification.

Kind Regards
Expert:  Nicola-mod replied 2 years ago.

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated.

To rate your answer, you can go to your question page, and click one of the five faces below the Expert's answer. Please be sure you are logged in with your username and password or you will not be able to view or rate your answer.

If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • 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
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • 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
  • 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
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice