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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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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: 4 years ago.
Category: Law
Expert:  Aston Lawyer replied 4 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 4 years ago.


Please let me know if you require any further clarification.

Kind Regards
Expert:  Nicola-mod replied 4 years ago.

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