Tomlin order and subsequent specific performance not complied with

[alanls]

The defendant was ordered to transfer a plot of land to me. The date by which the
transfer was to take place has expired. I would like to know how to enforce the order.

[Openlaw15]

Re: Enforcing a Tomlin order

The defendant was ordered to transfer a plot of land to me. The date by which the
transfer was to take place has expired. I would like to know how to enforce the order.

Do you have a copy of the judgement or can you scan one and send it from your computer? I think you need to take it back to court to enforce it. Make sure you remind the judge to make sure it will be a contract in writing: LP (Misc. Prov.) Act 1989. For legal ownership however any transfer of land requires a deed (ie watertight). Who owns the main land, as you say 'plot?

[alanls]

Re: Enforcing a Tomlin order

Do you have a copy of the judgement or can you scan one and send it from your computer? I think you need to take it back to court to enforce it. Make sure you remind the judge to make sure it will be a contract in writing: LP (Misc. Prov.) Act 1989. For legal ownership however any transfer of land requires a deed (ie watertight). Who owns the main land, as you say 'plot?

The defendant does not own the land, he was supposed to get the land owner to make the transfer. I know that I have to go back to the court for specific performance. By doing so I need to state what I want from the defendant. I would like the land transferred but if the defendant is unable or unwilling to do so then I would like him to pay me the full market value of the land. The value has increased as it has been deemed suitable for housing by the county council planning department.

[nemesis45]

Re: Enforcing a Tomlin order

The defendant does not own the land, he was supposed to get the land owner to make the transfer. I know that I have to go back to the court for specific performance. By doing so I need to state what I want from the defendant. I would like the land transferred but if the defendant is unable or unwilling to do so then I would like him to pay me the full market value of the land. The value has increased as it has been deemed suitable for housing by the county council planning department.

What exactly are the terms of the consent order please?

nem

[alanls]

Re: Enforcing a Tomlin order

The order states that the defendant will transfer the land to me by
15th November 2012. The claimenat will not pay any further costs
except for registering the land with land registry.

[Openlaw15]

Re: Enforcing a Tomlin order

The order states that the defendant will transfer the land to me by
15th November 2012. The claimenat will not pay any further costs
except for registering the land with land registry.

What is the premise of your claim, ie what land was promised to you by the defendant, have you paid for the land etc at its market rate? So the land is not owned by the defendant but by a third party and you're claiming a part of that land? What is the landowner's view of this? In terms of registration, have you entered restriction at the land registry or other to protect your interest?

[alanls]

Re: Enforcing a Tomlin order

What is the premise of your claim, ie what land was promised to you by the defendant, have you paid for the land etc at its market rate? So the land is not owned by the defendant but by a third party and you're claiming a part of that land? What is the landowner's view of this? In terms of registration, have you entered restriction at the land registry or other to protect your interest?

There was a contract for the sale of the land but the defendant did not
comply with it, hence the court case and the Tomlin order.
I am claiming a part of the land a building plot to be exact.
I do not know the land owners view as I have not had any contact
with him. I have not entered a restriction on the land it is something
I have considered but I'm unsure how to do it.

[Amethyst]

Re: Enforcing a Tomlin order

You will need to return to court to enforce the terms of the order. If it is a Tomlin order ( ie the case has been suspended in court pending compliance) That would be done by way of an application ( N244). It is 4 years later than the deadline on the Tomlin order though ? If it's a consent order then it would have to be a new claim for breach of contract.

[wales01man]

Re: Enforcing a Tomlin order

How can the Defendant transfer ownership of land they do not own? or am I missing something

[Openlaw15]

Re: Enforcing a Tomlin order

How can the Defendant transfer ownership of land they do not own? or am I missing something

The judge has ordered transfer of the land to the OP, which technically makes him the new owner of that plot of land. There is a contract in writing (i assume), so this likely means there has been a transfer of ownership from the original landowner (third party) to the OP, at the point of completion (of the contract). This would deal with the formalities, ie land in writing: LPA 1989, as aforesaid. So, technically, the Op could protect their interest in land by applying for a restriction. If it is technically their land too, the old owner could be trespassing if he doesn't surrender.

NB: Land is the entire freehold so could be large estates or a farm with several properties, ie all of it. However, landowner can transfer, give, sell any parts to others. However, the way to protect any interest in land is usually by a charge or restriction

[wales01man]

Re: Enforcing a Tomlin order

Is it certain the land belongs to the defendant after all is it possible a Judge can order the handing over something belonging to a third party ,im really confused here

[Openlaw15]

Re: Enforcing a Tomlin order

Is it certain the land belongs to the defendant after all is it possible a Judge can order the handing over something belonging to a third party ,im really confused here

Let's say the land owner (owner 1) owns many terraced properties. He later sells 4 to another party (owner 2); those 4 houses no longer belong to the original owner. Owner 2 then, of the 4 houses, contracts with another to sell two of them. In this situation the original landowner would not be relevant.


OPs facts

It would seem the original owner has sold property rights to the defendant for portion of his original estate (land), then the defendant has contracted with the OP, but refuses to honour the contract.

[wales01man]

Re: Enforcing a Tomlin order

Has ownership been verified with by land registry records there could also be a Mortgage on it?

[Openlaw15]

Re: Enforcing a Tomlin order

Has ownership been verified with by land registry records there could also be a Mortgage on it?

Mortgages are used to purchase land when the owner cannot purchase outright. It would seem that this is just a plot of land that is free from any encumbrances, ie a building site/ flat land, fields, may be where a building once stood. A land registry search would indicate if there were third party rights - ie mortgagees' charges (legal)/ other charges/ restrictions etc.

[wales01man]

Re: Enforcing a Tomlin order

Has ownership been proven to be the defendant we all know what a Motgage is!