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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 28991
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I purchased half an acre of land 3 years ago and the persons

Customer Question

Hello I purchased half an acre of land 3 years ago and the persons Soliciter I purchased it off would not reply to my Soliciter ignored him for 3years until now and won’t transfer the deeds and is now looking more money for it, I paid her cash at the time but have a receipt for it. Have I a strong case for court?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: im waiting on my Soliciter to let me know the next steps
JA: Where is the land located?
Customer: beside my site for my house
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Third partys Soliciter has sent me a letter advising me not to contact them.
Submitted: 15 days ago.
Category: Property Law
Expert:  Joshua replied 15 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

  1. May I confirm if you have a formal contract in relation to the purchase please? I note you so you paid cash to the seller?
  2. if not a formal contract, in respect of the receipt you have, does this have a clear statement that the cash is for the purchase of the land in question so it can be clearly identified including the extent of land that you purchased?
Expert:  Joshua replied 14 days ago.

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms much will depend upon the quality of evidence you have  to show that you paid for the land in question. From what you say, you have a receipt for the money you paid but I am not clear on how specific the terms of that receipt is. providing the receipt adequately describes the extent of land you have bought, ideally in sufficient detail to conclusively identify it, then the fact that you have a receipt for purchase in respect of that land will operate as a conclusive contract purchase. If by contrast, the receipt is vague or worse, does not identify the land you have bought at all, then you have a receipt but it would be open to the seller to claim that the receipt was for something different, for example a smaller amount of land or indeed something entirely different depending upon how detailed the receipt is.

If you have a clear receipt which is unequivocal in terms of identifying what you have bought, then you can enforce that as a contract either by specific performance in court or by negotiation with the seller

I hope the above is of some assistance but if you have any further questions, please revert to me

Customer: replied 14 days ago.
Hey joshua
Yes the receipt I have has a map of the land outlined on it stating the field and the amount it was bought for. Is this a strong case for court proceedings?
Customer: replied 14 days ago.
My solicitor typed it out and attached the map
Expert:  Joshua replied 14 days ago.

thank you. What you describe, you have a receipt acknowledging payment for the sale of clearly identified land on a plan. Clearly, I have not seen the receipt and so I am basing what follows entirely upon what you have told me and the above understanding but providing you have clear evidence of a receipt for sale of clearly identified land, then this would constitute either strong or potentially conclusive evidence depending upon the above, of the sale of the land and accordingly, would be a basis upon which to seek specific performance in court forcing the seller to complete the sale to you

Customer: replied 14 days ago.
Would you have any idea on the costs to take this to court?
Expert:  Joshua replied 14 days ago.

there would be a fee of £308 to issue in the County Court. any other costs would be sourced on the basis of legal costs if applicable. Depending upon the value of the claim, legal costs may or may not be able to be claimed