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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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how do you serve a legal notice on a foreign person in the

Resolved Question:

how do you serve a legal notice on a foreign person in the UK but they do own a private house registered to them in the UK but mail is always returned "gone away" and they do not answer postal letters - they are returned ?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know notice for what?

Customer:

well the next door neighbor has said via a solicitor to my solicitor {but without prejudice] that they have a "right of way" across

Customer:

my land.- but its more complicated as it turns out the neighbor in LAW is not actually the owner of the property but

Customer:

working in concert.with the owner but claiming to be only a tenant - so I have the actual owner name in LAW

Customer:

but the property is empty and mail is returned as "gone away" - but i think its just a ruse not to respond to me

Customer:

I wish to legally challenge this so called claim by serving notice Legally to bring the matter to head to be settled one way or another - if they have right of way

Customer:

I have the owners name as per the Land Registry -

Customer:

what can be done please

Alex Watts :

Is the Solicitor instructed to accept service?

Customer:

no and claims that they have no instructions BUT they did mention to my Solicitor this so called claim - it concerns me if I wish to sell the property - I have to inform any potentail buyer I gues or do I as it was not official ?

Alex Watts :

Has your Solicitor asked if they are WILLING to accept service?

Customer:

I really concerns the transfer of some land on which the new house was built

Customer:

it

Customer:

this si some two years later

Customer:

the original Solicitor does not want to be involved [the client is very difficult]

Customer:

its really in Limbo - but legally it still exists I guess

Alex Watts :

OK, so the last know address you have is being returned as gone away

Alex Watts :

Although he is still registered at Land Registry?

Customer:

yes

Customer:

they both parties liave abroad

Customer:

the house is empty

Alex Watts :

Do you know their address abroad?

Customer:

no - sorry

Customer:

it will be difficult as their lawyer is very difficult also

Customer:

can i serve a notice and attach to the house

Customer:

like a bBailif

Alex Watts :

What you can do and the rules allow is serve at the last KNOWN address after making reasonable enquiries

Alex Watts :

So as long as you have done that, then yes serve at the last known address and put on the door.

Alex Watts :

Take a photo etc as evidence.

Alex Watts :

That is enough to service.

Alex Watts :

Clearly if the matter gets to Court you need to inform the Judge of the situation as you can not mislead the Judge

Alex Watts :

But yes you can do this

Customer:

thank you - one question more

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

on what grounds do i serve it or how to achieve bringing to a head so that the owner can be challenged on his so called "claim"

Alex Watts :

You are seeking a declaration from the Court.

Customer:

I jsu wish to have the matter cleared up

Alex Watts :

Indeed.

Customer:

I have done nothing yet as this is my first request on the matter on how to proceed

Customer:

but you are very helpfull as I can see a glimmer !!

Alex Watts :

Yes, I am happy to help

Alex Watts :

Can I clarify anything else for you?

Customer:

what should i actually do from this point onward - I do not yet have a Solicitor - can I proceed a long way before having to use one

Alex Watts :

You just need to issue proceedings and make sure they are sent to the Defendant and posted on his door.

Customer:

as I am thinking of the cost - whilst I do undertsna d Lawyers have to be paid !!

Alex Watts :

The court will then list the matter for hearing

Customer:

thank

Alex Watts :

The process then goes on as normal.

Customer:

thanks very much

Customer:

can I rate you now

Alex Watts :

Yes please - the button should be at the bottom of the screen

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