Hi my name Shaun and I like so many others cannot afford solicitors so here I am

[Mr bump]

Hi I have a real problem ... Can I register a caution against land first registration to a limited company ,,

[Amethyst]

Re: Hi my name Shaun and I like so many others cannot afford solicitors so here I am

Think you may need to give us a bit more info - why ? (ie do you have an interest in the land)

[Mr bump]

Re: Hi my name Shaun and I like so many others cannot afford solicitors so here I am

Yes I have had a gentlmans agreement for over 12 years ... It was jus a field (s) I have built a farm which I am now running and occupied massive amount of planning fights etc .. We agreed that on the sale we would devide the farm equally ...but I have found out that he is forming a limited company in which to transfer the deeds ... To evade paying me out or possibly paying tax on it ... We agreed on a settlement of a amount of ground ... But he is saying that he wants to transfer later ... ... Shaun

[Mr bump]

Re: Hi my name Shaun and I like so many others cannot afford solicitors so here I am

Hi don't know if I'm using site correctly do answers just follow under each other or am I looking in the wrong place ... Thanks

[R0b]

Re: Hi my name Shaun and I like so many others cannot afford solicitors so here I am

A gentleman's agreement is unlikely to be enforceable unless you can show there was some consideration and an intention to create legal relations. A gentleman's agreement is usually an 'agreement to agree' and the courts have recognised that an agreement to agree is not enforceable.

You might struggle with this one I think unless you have more information to share

[Openlaw15]

Re: Hi my name Shaun and I like so many others cannot afford solicitors so here I am

Yes I have had a gentlmans agreement for over 12 years ... It was jus a field (s) I have built a farm which I am now running and occupied massive amount of planning fights etc .. We agreed that on the sale we would devide the farm equally ...but I have found out that he is forming a limited company in which to transfer the deeds ... To evade paying me out or possibly paying tax on it ... We agreed on a settlement of a amount of ground ... But he is saying that he wants to transfer later ... ... Shaun

You could potentially get an equitable land charge (secures against payment for when he sell the land) if it's not registered land, which will protect your interest against his legal interest (by deed). When he registers the land (first registration) and transfers it to a deed (his legal interests secured), you could enter a restriction on the property's land register to secure your financial interest. It may be better to have an equitable land charge though for your piece of mind although a restriction is seemingly just as good but much cheaper remedy. He has to register his legal interest in land by law and when he does, you enter your restriction/ charge as an equitable interest.

Land law is different to ordinary contract issues even if it were a 'gentleman's agreement. You may have an interest if said agreement were in writing (equitable, ie at court's discretion) but if it were by deed it would have been watertight. It sounds more of a business proposition than a domestic relationship so there is likely legal intention, notwithstanding using a field for payment and 'settlement on sale' will likely satisfy the consideration element.

[Crazy council]

Re: Hi my name Shaun and I like so many others cannot afford solicitors so here I am

Hi people will try answer underneath buts sometimes you have to wait a day or so, it all depend on whos online that has some knowledge around what your asking.

Your best bet is to put down as much details as possible, taking out any personal or identifiable stuff

...but I have found out that he is forming a limited company in which to transfer the deeds ... To evade paying me out or possibly paying tax on it

thats not that unusually, people do it so they dont get extra taxes charged ( not always avoiding it )

We agreed on a settlement of a amount of ground ... But he is saying that he wants to transfer later ... ... Shaun

as much detail on this part without putting anything identifiable down. does he say why he needs to transfer later ( capital gains ? )

[Mr bump]

Re: Hi my name Shaun and I like so many others cannot afford solicitors so here I am

Well I have many emails agreeing the transaction all sorts of planning applications in my name with his consent etc I have been working land for more than 12 years continually .. Have built all livestock barns etc , paid for everything ... Our arrangement was that I did all this and indeed I own everything apart from the land it stands on , then when we sell I would be paid for my work barns running and funding , by a division of value .. The farm it's self has indeed ran at a loss every year .. The whole purpose was to achieve a greater value of farm land .. It was worth prob 250,000 now he is asking 900,000 and of course he would have to pay capital gains on his part ...which is 40% and that's what he is trying to avoid .. There is much in emails that would ( for want of a better way of putting it ) hang him with the tax office ... He has applied for a limited company from the farm .... Which he has nothing to do with ... As he lives and resides in Spain ... The companies house fraud deptment is emailing me asking if I know him etc .... As when there correspondence arrived it wasn't addressed to him ... But to quarry farm ... So I queried it ... He has put in emailers etc that his intentions are to put trough ltd companies .. Then close them down to avoid taxes .. I want no part of these actions ... Shaun

[Openlaw15]

Re: Hi my name Shaun and I like so many others cannot afford solicitors so here I am

Well I have many emails agreeing the transaction all sorts of planning applications in my name with his consent etc I have been working land for more than 12 years continually .. Have built all livestock barns etc , paid for everything ... Our arrangement was that I did all this and indeed I own everything apart from the land it stands on , then when we sell I would be paid for my work barns running and funding , by a division of value .. The farm it's self has indeed ran at a loss every year .. The whole purpose was to achieve a greater value of farm land .. It was worth prob 250,000 now he is asking 900,000 and of course he would have to pay capital gains on his part ...which is 40% and that's what he is trying to avoid .. There is much in emails that would ( for want of a better way of putting it ) hang him with the tax office ... He has applied for a limited company from the farm .... Which he has nothing to do with ... As he lives and resides in Spain ... The companies house fraud deptment is emailing me asking if I know him etc .... As when there correspondence arrived it wasn't addressed to him ... But to quarry farm ... So I queried it ... He has put in emailers etc that his intentions are to put trough ltd companies .. Then close them down to avoid taxes .. I want no part of these actions ... Shaun

read my post above yours as to what action you can take. A Ltd company just means he's recognised as having property personally and property owned by his company. Your claim is based on his company's.

[Crazy council]

Re: Hi my name Shaun and I like so many others cannot afford solicitors so here I am

Hi

Trying to put everything through the LTD may be totaly legit and a good idea. Creating investment company's ( vehicles ) to hold monies that you would have had to pay CGs on, whilst you re-invest it in another Co or investment is common. You only pay CG on the final pull out of monies ( mostly ), if you re-invest it within a period ( used to be 18 months ), yu dont have to pay CG,

What exactly was the deal, and how has he changed it or has he withdrew it. CCan you quantify it in percentages or finacies and explain when it was done, and when it was changed

[Mr bump]

Re: Hi my name Shaun and I like so many others cannot afford solicitors so here I am

Hi I replied yesterday but I cannot see it on forum ... I think I may have written it without signing in .. My so called partner is thinking of selling with a option ... Meaning he gets a lump sum deposit whilst they try and get further planning permissions ... Then in a few years he would get a greater value than it is now .... I have seen these options go very wrong ... The idea is for them to form a limited company transfer the farm into it . But before he settles our original aggrements ... Leaving me possibly a tenant of the new company or at least I would have no rights of ownership because my aggrements was with him not this company .... They are asking me to clear farm by a certain date ... So they can proceed with there planning .. They are fully aware of my aggrements ... And say that they are not interested in the part of farm that I will be getting as a settlement ... And to quote " we are sure mr ...... Is going to honour his aggrements with yourself " but I am saying I need this to be sorted or at least solicitors contacts in place first ... As all this is clearly written in emails etc ... This is why my original question was can a apply for a causation against first registration against a company ... Or only to the currant owner ... I think time is working against myself as this could be possibly going on ... Whilst my trust and suspicions are being held back with false promises of later ...later .... I hope this makes sense ... I tend to rant ....much better at just farming etc ...sha

[Mr bump]

Re: Hi my name Shaun and I like so many others cannot afford solicitors so here I am

Gosh tried to walk away from this problem for a few days ... Yep it's still there ..land registry are trying to be very helpful ... I have downloaded a CT1 form ( caution against first registration ) now I believe to find out if indeed it is still unregistered land .. Another form from land registry ..( SIM Form) which I think can tell me ... But they can't help with my original question about can I register the same if he has now put it in a LTD company ... And now I am asked to read ..practice guide ( land registry ) 19 .... And apply for a restriction if it is going through the process already of being registered to the new company ... Head is def exploding ....

[Crazy council]

Re: Hi my name Shaun and I like so many others cannot afford solicitors so here I am

Hi what type of tenascy are you on


https://www.gov.uk/guidance/agricultural-tenancies



does this help,

Farm Business Tenancy compensation

As a farm business tenant you’re entitled to compensation at the end of a tenancy for:

• physical improvements you’ve made to a holding (provided the landlord has given consent to the improvements)
• changes that increase the value of the holding (provided they are left behind when the tenant leaves)

You can agree in writing an upper limit on the amount of compensation, usually equal to the tenant’s cost in making the improvements.
Ending a Farm Business Tenancy

Landlords and tenants of a Farm Business Tenancy can end the tenancy by issuing a notice to quit. The minimum notice period to quit is 12 months

[Mr bump]

Re: Hi my name Shaun and I like so many others cannot afford solicitors so here I am

Hi what type of tenascy are you on


https://www.gov.uk/guidance/agricultural-tenancies



does this help,

Hi I don't have a tenancy at all .... I originally rented fields ... Then we come to a aggrement ... That there would be no tenancy agreement but I would get all the planning permissions build the farm ... Run it and when I came to sell it we would share the proceeds so it now has three barns stables various permissions ... It has never made a profit always a loss ... So technically I own all the buildings livestock equipment etc ... And as payment we have agreed area of land and two entrances ... It has been a nightmare high courts appeals etc ... My silent partner has helped at times with construction but I have paid and done everything ... This has been going on ( the farm ) for some 12 /13 years ...

- - - Updated - - -

He has always said he wouldn't use solicitors for any aggrements until it was sold ... Now he is putting in a ltd company

[Crazy council]

Re: Hi my name Shaun and I like so many others cannot afford solicitors so here I am

It would seem, like some of the advice he he/they have given you, was to avoid the protections setup in agricultural tenancy's ( for running farms ).

i dont know were to start with this one, you going to need any paperwork were he mentions the deal, but, if he has already offered ( informally a deal ) and that deals ok with you, perhaps just get the new deal on paper. Your only going to need to challenge them if they do not formalize the deal you have agreed