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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I sold a house that I built and the purchasers are trying

Customer Question

Hi I sold a house that I built and the purchasers are trying to take me to court for money can they put a lien on my own property. One property is in a living trust the other is in my name
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

What they can do is if they get Judgement is get a charge on your property.

Alex Watts :

But they can't do this unless you have lost a Court case

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-iaw23ot1- : Let me explain to you that we built a house they accepted it on a generator they have now come back and saying that I am responsible for the electricity supply. They are trying to claim £70k they have not served any papers yet they have sent one lawyers letter I am going away to America so what can they do if I am not in the country and can I put my properties in trust to stop them putting a charge on the properties. What does it actually entail a charge on a house regards john
Alex Watts :

They would need to serve on you in the USA.

Alex Watts :

The process is this - if they issue proceedings and get a Court Judgment they can then apply for a charge on the property.

Alex Watts :

This then makes the debt secure.

Alex Watts :

If you put it into trust they can apply to the court to reverse that

Alex Watts :

Does that clarify>

JACUSTOMER-iaw23ot1- : So if I am not in the country to be serve can they go ahead with anything until I am back
Alex Watts :

If they have your USA address then yes

Alex Watts :

But court rules also allow service at your last known UK address

Alex Watts :

So the Court can go ahead without you

JACUSTOMER-iaw23ot1- : So does somebody have to receive the papers or can they just be posted through the letterbox
Alex Watts :

They can be just posted

JACUSTOMER-iaw23ot1- : My address because I work away is just care of does that make a difference
Alex Watts :

It needs to be your usual or last known address

JACUSTOMER-iaw23ot1- : i just don't want anything to happen whilst I am out of the country I would rather be able to represent myself
JACUSTOMER-iaw23ot1- : how likely is it for someone to put a charge against a house or would they try to get the money another way
Alex Watts :

Well they can only put a charge if they get a Court Judgment against you.

Alex Watts :

They can try other ways, but generally a Court order is requied

Alex Watts :

* required *

JACUSTOMER-iaw23ot1- : how often do the courts in Scotland put charges against properties
Alex Watts :

If there is Judgment then the Claimant just needs to apply - there is very little reason to refuse if there is a valid Judgment

JACUSTOMER-iaw23ot1- : can you just answer me one question if they accepted the house on the generator and they were the ones to ask for this am I liable for the electricity connection
Alex Watts :

If you put it on and it was incorrect then potentially. You have a duty to act with all reasonable skill and care.

JACUSTOMER-iaw23ot1- : There was never any electricity into the house and when they viewed the property they knew that there would be no permanent electricity supply and the house would run on a generator
Alex Watts :

Ok if they knew about that then you do not appear to be liable

JACUSTOMER-iaw23ot1- : this was because of a servitude rights issue and they said they would buy it on the generator and sort the electricity out afterwards our lawyer did tell them that this issue was a problem and it might never be solved
Alex Watts :

Ok - that I may not be able to help you with.

Alex Watts :

I can help with the Court process in relation to your primary question as whether they can put a charge on property.

Alex Watts :

But I am not a specialist land expert. I know about litigation and court rules etc

JACUSTOMER-iaw23ot1- : ok
Alex Watts :

Can I clarify anything else about the question for you today?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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