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chatham-chamber, Solicitor
Category: Property Law
Satisfied Customers: 12185
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Dear sirs. Our house is for sale, has been for 3 yrs, were

Customer Question

Dear sirs. Our house is for sale, has been for 3 yrs, were at point of exchange 2015, @ 7.5m, a planning application was made on the adjoining secret garden, only access through us. I had thought secret garden was owned by my ex husband. He was granted personal access at divorce, had not ever used this access (we have only access to this garden) planning was in known to me, application was discovered by buyer. I write to the previous owner, my now ex husband, asking to whom he’d sold, detailing without response, I’d apply to land registry; without response, did this through a property lawyer, Land registry inform us owned by a dissolved offshore co. Hi I g thevnsme and co no. We write without response, I make a successful adverse possession on the garden; secret garden now in my name. House back on market 2016 at 6.95m New buyer with extra garden, as sale proceeds, another unknown to me offshore co. Make a claim on the secret garden, saying I’d aquired secret garden fraudulently; my ex husband does not communicate with me, I did all I could. Now sale blocked as the offshore co. Wilton trustees Isle of Man limited has made claim on The garden, house sale cannot proceed with this. The house is a large new build, (I designed and built personally) it’s our family home
When we had first offers, we had 3, so ready to move on, so i purchased another house in a local village against this one. Now, loan up, the original home is due to be repossessed now. what can I do? I put my childrens and my Investments / my pension into this. I have informed the ceo of the offshore company and his solicitors of their unsubstantiated claim, inaccutate documentation. The offshore co. Sent solicitors can last week for a settlement meeting, they were intimidating, demanded I transferred the deed to the offshore co. And paid their 50,000 fees. In dec 2017 I offered to split the value of garden with them when the sale completed. Not acknowledging their ownership - merely to progress sale - they declined. With property prices down now only worth 4.5m. Almost same as the loan. The offshore company will not lift their claim. They have provided proven inaccurate change of company name change certificates and in accurate purported docs allowing them access. I would not give an unknown offshore company access through our house garden to the secret garden, it would be foolish and dangerous, the children were 12 8 and 2 at this time. I’ve had 2,viewings this week, who would like to offer, but cannot buy, but without secret garden, as only access through front drive, down alley at side of house, across lawn walking past kitchen, dining room, sitting room and 5 beds, diagonally across our back garden, to a small arched gate in the back wall to the secret garden. Please help, I am about to lose all, house repossession : bankrupcy. The offshore company, their lawyers and my ex husband know this, seems harassment with malicious intent. Is aiding and abetting relevant in the uk.
I was given the house as my only divorce settlement, seems I could never sell it and cannot Afford stay, as repossession due now. Seems golden handcuffs to bankruptcy, the offshore company are forcing this, perhaps, so they can pick it it very inexpensively, bankrupting me. Please excuse my phone number is ***** I’m sorry it really is an emergency. yours faithfully, Celia walker.
Submitted: 6 months ago.
Category: Property Law
Expert:  chatham-chamber replied 6 months ago.
Hi,Thank you for your question. Unfortunately, this is far too complex to be dealt with on this forum.I can possibly offer some guidance in a phone call however, you should really seek further guidance from your conveyancing solicitor.I hope this answers your question. If so, kindly rate the answer and provide feedback.If you have any further questions, please do not hesitate to ask.Many thanks