Property law question

[sallygrundy]

I bought my property as a sole enterprise back in 2006 but i was having a casual relationship with somebody at the time. The deposit and most of the costs came from a mortgage i took out on another property that i owned outright. i have all the documents to prove this. Although this ex stayed over occasionaly he never lived with me fully, the longest he stayed was in 2007 for 6ish weeks while he was going through the process of buying his own place and had nowhere to stay,which he later pulled out of. i made him leave my property before this happened. I had the police attend my property many times for this person as when i tried to end the relationship he caused much damage to my house and my car. I even moved out of the house a few times to try and get away from him. He is now serving 4 years prison for setting my car and house on fire while i was in bed. He was charged with arson with intent to en danger life. He has now found out im in the process of selling my house and has instructed a solicitor to register an interest in my property, all on legal aid from prison, totally disgusting that this can be done under the circumstances. I however for being a law abiding citizen have to pay for my solicitor. What evidence will he have to provide to do this? Can he do this with no evidence? He is stating that he earned a significant amount of money, which he cant prove and he paid my mortgage that he cant prove. I no this and so does he so why has a solicitor even took this on? This is just about power and control like many domestic abuse cases but its totally legal.What is the process this will now take, how long will it take. Im 2 weeks off completion from selling my house and it seems theres nothing i can do to stop him from stopping me from selling. If he can make me stay here he will no where i live which is probably another big facter for him doing this. Sorry for the long post. im desperate.

[cassa333]

What has your solicitor said?

[tonywiltshire]

This is probably being claimed under the Localism act 2011, your ex-partner has probably convinced his solicitor that he needs to protect his interest in your property, which could lead to a notice appearing on your title register that he has an interest in the property, which could cause you many difficulties.
If you object to this notice appearing it will probably go before a land registry adjudicator to decide if his claim can be justified, and unless he is able to show he has contributed towards the property, which you claim he has not, the registration of an interest will not be allowed.

[sallygrundy]

Thank you for replying, he has no evidence as he didnt pay me anything as he never lived there. He is saying he gave me cash, is that classed as enough evidence even though he didnt and he cant even prove where he got cash from? Did this law only come into effect in 2011? If so and i havnt even seen this person since 2009, is he still covered by this law? Iv seen a solicitor and shes said i will have to fight it but her costs are £175 an hour and that #### is getting legal aid as he is in prison. Unless i sell my house i wont have the cash to pay to fight. I cant believe whist in prison you can even have any rights, especially to the person to tried to do serious harm to. Im in a lose lose situation really and thats all hes bothered about, hes still controlling my life even after 4 and a half years.

[sallygrundy]

Hi tony, thanks for taking time to read this. I forgot to ask but when he applies to go on the register will he not have to provide evidence to them first before they decide if he has a claim? It all seems a bit unfair that anybody can just come along and stake a claim to your property. What about protection for the property owner? Can anybody stake a claim or is it only anyone thats been in a relationship with somebody. Im asking as my daughter lived with me and did contribute and im wondering if she can do the same? Not that shes going to as we already have a verbal agreement that i will help her with her house. Thanks again

[tonywiltshire]

Sally, anyone can try but you should have to agree to their registering an interest in your property and if it was not justified you would raise an objection, as mentioned it will then be for the adjudicator to decide if the registration of an interest in your title deeds should appear. The registration should not be shown on the title deeds if you have objected and the adjudicator or county court has not yet decided the matter.
It may seem unfair that someone serving a custodial sentence should be able to commence proceedings, but can you imagine the outcry and possible miscarriage of justice that may occur if this right was removed?

[sallygrundy]

Thanks again Tony, i understand what your saying about the outcry but by being a criminal and in custody you should lose all your rights till released. If people like this want rights they should live by the law. Thats my view anyway. I hope your right about it not going on the register if i object, its the first time iv been told this. Does the land registery have a set time for you to provide evidence and look at the case, do you no, or is it a case of how longs a piece of string?? Iv a feeling he will try and register a claim then dissapear.

[tonywiltshire]

Sally stop worrying (I know easy to say and not so easy to do), it should not be possible for an interest to show on your register without you being aware and not objecting, or the judicator not finding in your favour if a decision is required. Your ex-partner should not be able to try to register an interest and go away.

[sallygrundy]

Well a lot has happened since i last wrote on here. As we were so far down the line of selling the buyers soilicitor did a final search of the property at land registry and then put a freeze on it so that gives them 6 weeks to complete the sale of the property. That stops anybody from staking a claim on it for the said 6 weeks. Im hoping to sign contracts this week and the sale of my house will go through, leaving this idiot with nothing else to do to try and get at me. He can always try and sue me for money after the sale but good luck to him. I will be gone by then and any money will be long spent. He got what he really wanted though as i spent 2 weeks in tears and worried sick but so what good overcomes evil in the end. I spent nights on end researching this so if anyone else needs advice i mite just be able to help. That will be more good to come out of it all. Thanks again Tony X