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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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A property registered in the names of myself and two former

Resolved Question:

A property registered in the names of myself and two former business partners is now being claimed by the partnership which I left in June 2000. will the partnerships claim be affected by the statute of limitations.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

What does the former partnership say you have done wrong, that results in them intimating a claim?

Customer:

They say that the property should have been registered as a partnership asset when acquired in 1999

tdlawyer :

Okay, so they're claiming you were in breach of your duties in 2000 by failing to register it?

tdlawyer :

And are they seeking to recover it and if so, how?

Customer:

Yes though they have made no action against me since I left the partnership

Customer:

They wish me to transfer the property to the partnership

tdlawyer :

Interesting. Okay, then you may very well have a defence by virtue of the Limitation Act 1890. The period for seeking to recover land is 12 years. If you had this in your name and they were aware of that, back in 2000, then they would seem out of tie.

tdlawyer :

time.

Customer:

? they wish it to be done now - there were other partnership problems which are too detailed to go into here.

tdlawyer :

I'm sure they do wish it to be done now. But, whether they can do it is another issue.

tdlawyer :

It does seem from what you've said to be out of time.

tdlawyer :

With the result that they may not be able to issue proceedings now (or if they do, they can be defended).

Customer:

Thank your for the steer, is there anything I need to bring into the argument other than the statute of limitations

tdlawyer :

I don't know enough about that side of things to be able to usefully comment I'm afraid, but the limitation act is a useful tool for you by the sounds of things.

Customer:

Thank you

tdlawyer :

You're welcome. Can I ask if you're happy with the service today?

Customer:

Yes it has been a help

tdlawyer :

Great. Thanks for your time, if you need anything more, just let me know.

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