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#1 2009-09-18 23:50:03

Carrierbag
New member
Registered: 2009-09-18
Posts: 1

Developer has put mortgage on the land

We have had our property since Feb 2008 and we have now found it is not even properly registered for TAPU.  Surely this it he solicitors fault?  We have a copy contract with a stamp on it and we have a receipt for over £500 which we were told was the Land Registry Fee but no TAPU.  There was NO mortgage on the land when we exchanged contracts (this was confirmed by the solicitor).

On chasing the solicitor regarding TAPU it now transpired the developer put a mortgage on, it looks like, the day they gave us the keys, Dec 2008. 

We have been to see the developer and he assures us it will be lifted but how long should we wait before taking action against him and is the solcitor negligent in his due dilligence to us?

Thank you

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#2 2010-01-07 08:31:42

nmplegal
Administrator
Registered: 2008-08-04
Posts: 27

Re: Developer has put mortgage on the land

From what you have described, it sounds as if the lawyer involved should have registered your Contract of Sale at the Land Registry, unless there was some legal reason which prevented the advocate from doing this. However, this should have been communicated to you at the time. I would recommend that you contact your advocate to try to find out the reason why the contract was not registered and to obtain their views on the matter. If you are still not satisfied, you have the option of making a complaint to the TRNC Bar Association.
Generally, contracts of sale contain clauses under which the vendor warrants and represents that the property is free from encumbrances and undertakes to keep and preserve the property as such until transfer of title and therefore, the vendor would be in breach of contract. This would entitle you to take legal action to recover the money which you have paid under the Contract of Sale together with compensation. You would initially need your advocate to carry out a search to discover whether the vendor has any other assets in the TRNC so that when litigation is commenced, an injunction can be sought over those assets to prevent the vendor from disposing of them and to provide security for your claims.

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