Tomlin order and subsequent specific performance not complied with

[Openlaw15]

Re: Enforcing a Tomlin order

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

Op states: "..claiming a part of the land, a building plot.."

Assuming it's just land, ie no buildings...as the Op says for 'building plot'..so it's likely there are no mortgage issues, unless op indicates otherwise

[alanls]

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.

I agree that I need to send a N244 to the court and request that the defendant complies with the Tomlin order. However, do I need to give the court an alternative or suggest a course of action if the defendant does not comply.

[Amethyst]

Re: Enforcing a Tomlin order

hmmm, it sounds sensible but I don't know what that would be. The order is for a specific act, the transfer of land - and that is what is required. Presumably the court has powers to order the land be transferred without the defendants input ? but I'm afraid I don't know very much about land issues.

[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.

Why is the land being transferred to you, what rights do you have is what we're trying to get at. Do you have anything to prove ownership, or of the contract between you and the opponent for compliance? You cannot register the land unless you have some interest in it, ie paid consideration, been given ownership, or other etc.

[alanls]

Court hearing to enforce Tomlin order

I have a hearing to request specific performance to enforce a Tomlin order
whereby the defendant was supposed to transfer a plot of land to me but
didn't. The defendant does not own the land in question and all his assets
which are significant are in his wifes name.


My question is what should I ask the court to do in the event that the
defendant does not comply with the Tomlin order.
Is it entirely up to the court which action it takes ?
He will be in contempt of court, will he get a criminal record ?
Would it be worthwhile putting a restriction on the land with Land Registry.
Also the land is now worth considerably more than I paid for it as the council
have designated it for housing development.

[nemesis45]

Re: Court hearing to enforce Tomlin order

I have a hearing to request specific performance to enforce a Tomlin order
whereby the defendant was supposed to transfer a plot of land to me but
didn't. The defendant does not own the land in question and all his assets
which are significant are in his wifes name.

Good morning Alan you already have a thread on this for continuity
I'll ask for the threads to be merged.
@Kati can you help please?

nem

[wales01man]

Re: Enforcing a Tomlin order

How can land be transferred from someone who does not own it?

If the wife owns the land but the OP says they paid for it?
Excuse my ignorance but all this does not add up

[alanls]

Specific performance of a Tomlin order

A hearing was held for specific performance whereby I requested that the defendant
transfer a plot of land to me. At the hearing the defendant stated that both
he and the late land owner had signed the TP1 and the documents had been sent
to his solicitors. The date given for this has expiried and no documents have
been recieved. I requested a further hearing but the defendant did not attend
as he is in prison. The court sent me a general form of jusgement asking me
to serve a statement specifically setting out the order of specific performance
that I wish the court to roder. I must do this by the end of this month then
there will be another hearing.
I have already specified what I would like but the defendant did not comply
with the undertaking he gave the court. I can only assume that he is unable
or unwilling to transfer the land. What options are available to me ?
I could ask for a cash settlement, however despite the fact that he and
his wife have considerable assett they are all in the wife's name.
Would it be possible to register an interest in the land so that it could
not be sold.
The defendant is in contempt of court, is there any action I could take
due to that ?

[alanls]

Breach of Tomlin order and subsequent specific performance order

The court issued a Tomlin order for a plot of land to be transferred
to me. The defendant did not adhere to the order therefore a hearing was
held for specific performance. The defendant agreed to transfer the plot
of land to me by a specific date. The TP1 and TR1 were sent to his
solicitors however they are incorrect and would not enable land registry
to transfer the land to me. Therefore the defendant is in breach of
specific performance, what options are available to me to deal with
this breach. I would like to add that the defendant is in prison for
fraud on another matter.

[alanls]

Tomlin order and subsequent specific performance not complied with

The court issued a Tomlin order for a plot of land to be transferred
to me. The defendant did not adhere to the order therefore a hearing was
held for specific performance. The defendant agreed to transfer the plot
of land to me by a specific date. The TP1 and TR1 were sent to his
solicitors however they are incorrect and would not enable land registry
to transfer the land to me. Furthermore the solicitors have placed a Lien
on the TP1 for unpaid fees. The defendant is in breach of specific performance,
yet the court seems to think that he has complied and it is his ex solicitors
who are preventing the transfer. The court has decided to take no further action
and suggested I contact the Solicitors. The solictors no longer respond to my
enquiries what options are available to me to deal with this breach. I would
like to add that the defendant is in prison for fraud on another matter.

[nemesis45]

Re: Tomlin order and subsequent specific performance not complied with

Good morning Alanis

You have a thread on this subject already I'll ask the LB team to merge the threads to avoid confusion.

nem
[MENTION=49370]Kati[/MENTION] can you merge the threads pleasexx

[nemesis45]

Re: Tomlin order and subsequent specific performance not complied with

Good morning Alanis

You have a thread on this subject already I'll ask the LB team to merge the threads to avoid confusion.

nem
@Kati can you merge the threads pleasexx

Thank you [MENTION=49370]Kati[/MENTION]xx

[nemesis45]

Re: Court hearing to enforce Tomlin order

I have a hearing to request specific performance to enforce a Tomlin order
whereby the defendant was supposed to transfer a plot of land to me but
didn't. The defendant does not own the land in question and all his assets
which are significant are in his wifes name.


My question is what should I ask the court to do in the event that the
defendant does not comply with the Tomlin order.
Is it entirely up to the court which action it takes ?
He will be in contempt of court, will he get a criminal record ?
Would it be worthwhile putting a restriction on the land with Land Registry.
Also the land is now worth considerably more than I paid for it as the council
have designated it for housing development.

Sounds like the " defendant" already has a criminal record>

This gets more confusing with each post.

You say you paid for this parcel of land, yet you go on to say the defendants wife is named as the owner so how/why is the order made against this defendant and not his wife.

What if any paperwork do you have to prove that the land is yours?

nem

[alanls]

Re: Tomlin order and subsequent specific performance not complied with

The land does not belong to the defendants wife, she owns all the couples assets house etc.
The defendant sent a TP1 signed by the decesed land owner but not signed, it is poosible that the
signature is forged. The bottom line is that the documents sent to the solicitors would not satisfy land registry, therefore the defendant has not complied with the specific performce yet because the solicitors have a lien on the incomplete TP1 they seem to thisnk that the defendant has complied
which he hasn't. As I stated he is in prison for fraud and money laundering but that is a separate issue