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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
For the avoidance of any doubt please from what you say there is no basis for interest provided for in respect of the order. Is this correct please?
Has the registrar made an initial decision as to whether it considers the other party has grounds for objection yet please - I imagine it likely may have found they have grounds?
there is no basis for interest in the order
the objectio is being reviewed by the lad registry at this moment and I await there decision, however my concern is should they have even retained the unilateral notice on the property given the discontinuance of the claim against both of us and the property was not part of the estate or discussions at mediation as the claim had been discontinued
Thanks for the above. My aplogies for the delay in reverting to you.
The Land Registry will not remove a UN until either the beneficiary (your sister) applies for withdrawal or you the proprietor apply for cancellation. There is no duty on HMLR to actively manage UNs on properties.
The Registry will consider your sisters objections and your evidence and mae a decision if your sister has any grounds for her objection. If they are satisfied she has grounds - she does not need to prove her position but just establish there is a basis for an objection - then they will encourage the parties to resolve the matter between them.
You will wish to submit a copy of the Tomlin Order pointing out there is no provision for interest in the same and accordingly your sister cannot claim interest. It is not possible to claim monies other than as explicitly provided for in the TO. If she wanted to claim interest on the money agreed she should have requested that interest was included. If it isn't in the order she can't have it.
Having said that if some payments of capital order by the Tomlin Order have not yet been made when the TO provides that they should have been by now, you will wish to give consideration to making such payments as failure to make a payment under a TO gives your sister the right to apply back to court which would be an unwelcome delay.
If payments are outstanding you will wish to give consideration to making the outstanding payments due under the order. On this basis you can demonstrate to the Registrar that all payments under the TO have been discharged and your sister has no basis for a claim against your property. She cannot sustain a UN on her word alone - she must have evidence of an interest which from what yous ay at present she may have if she can present a TO which has outstanding capital payments due under it.
As above if you can provide evidence of discharge of all payments due under the TO to the registrar the registrar will have a basis on which to find she has no grounds to sustain the UN. In addition you may even be able to pursuade your sister to voluntarily give up the UN on receipt of the outstanding capital payments unless she will also seek interest which is groundless.
In the event that the registrar finds she has grounds and you cannot reach agreement about how to resolve your differences the matter will proceed to a first tier property tribunal which will decide the matter. If there is no basis for her continuing claim because all payments have been discharged then the tribunal must find in your favour and you can make an application after their decision to the Registrar for your costs on the basis that she behaved unreasonably
A claim for costs must be made within a very short time (15-20 days from memory) following the tribunals decision if you want to claim costs.
Is there anything above I can clarify for you>
Good morning Joshua
thank you for your comprehensive response.
my main concern was that the claimant had never ever mentioned the UN and had discontinued the claim on this property a long time ago. the intial delay on paying the funds from the estate is an estate matter as is any interest if it were due under the order.
The claimant has simply maintained the UN against the settlement and order and now are using it as leverage against one of the joint executors. if they were entitled to secure the payment by a 'legal charge' and securing against the properties of the executors then the appropriate application ought to have been included or made.
thank you for helping on these points and I await the land registry response.
Thanks for the above. May I clarify that the estate is still under administration please? i.e. there are still funds in the estate that have not been distributed from which payment can be made?
In addition am I correct to believe that the TO makes no reference to security against your propertybut rather gives your sister a right to defined monies from the estate?
Hi Joshua. yes you are correct it was purely a payment of money order. I had to contribute £6500 personally to the estate to assist in this and that payment was made by me, and then went onward to each recipient. There were three beneficiaries in the estate and tomlin order. I was not a beneficiary, just an executor. the estate was short of funds to settle all the legal fees, hence my contribution. the estate had a value of about £240,000.00 and my property was proved to not be part of the estate, which is why the claim under section 9 was discontinued.
there was no references to any security or other property, just the cash in the bank to be distributed
Thank you. On these grounds you will wish to point out to the Registrar that your sister has no benefit of any order against your property and no grounds for security nor an interest in the same providing a copy of the Tomlin Order for their reference and on this basis ask the Registrar to remove the notice on the basis of no grounds for her objection. They have this power if they are satisfied there is no ground for her objection.
in addition, you may consider writing to your sister advising that you consider that her objection is without grounds on the above basis and accordingly you will be seeking costs against her to include any losses you suffer as a direct result of her unfounded objection. this may encourage to rethink her position in and of itself.
Does the above answer all your questions or is there anything I can clarify or help with any further?
I think that covers it very will, once again Joshua thankyou very much for your comprehensive response.
A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.
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