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fraud by not declaring encumbrances

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fraud by not declaring encumbrances

Postby BATS » Wed Feb 21, 2018 3:37 pm

if an authority sells unregistered land with restrictions that are not registered as land charges. finds out buyer is from travelling/gypsy community. then 14 days before signing TR1 attempts to place tree preservation order on land. but obviously would have been in breach of sale t/a and at point of signing TR1 authority volunteer permission for complete removal of trees if desired as no TPO in force. few hours later acting ceo . sends high importance email "it will reflect badly on us if we put TPO on now considering price made at auction". a few weeks later land is registered with no restrictions. authority arrive around land and start listing trees. at this point none have been touched. two days later after removing some overgrowth and small trees a minimal amount .provisional tpo signs placed all around land. a local property developer consultant councillor has asked is land for sale. upon being told it is not he then claims to make sure development will be very hard as he sits on development committee. Cllr later in meeting for placing tpo makes statement claiming to have met owner who he claimed told him he was told from authority he could do what he wanted. and chairman then asked all those in favour. tpo confirmed. this is first issue .
opinions please
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Re: fraud by not declaring encumbrances

Postby 3.14 » Wed Feb 21, 2018 5:40 pm

This stream-of-consciousness is hard to make out. Can you edit it?
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Re: fraud by not declaring encumbrances

Postby BATS » Wed Feb 21, 2018 6:04 pm

a break down land surplus, sold at auction as overgrown needing tree work. enquiries before sale state £2000 of work needed.( A bonus buy as restrictive covenants are not registered as class d11 land charges) a chance taken when buying. 28 day period after auction deposit. council became aware of new owner status from letter received by neighbour of land. 14 days before TR1 signing council ask their tree officer to place tpo on land by email . tree officer answers back" surely this should have been sold as package". the acting ceo contacts several people concerning the idea of placing tpo on land including legal team. volunteered information on trees whilst they had already predetermined a tpo in future was going to happen.
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Re: fraud by not declaring encumbrances

Postby Hairyloon » Wed Feb 21, 2018 6:14 pm

3.14 wrote:This stream-of-consciousness is hard to make out. Can you edit it?

From what I understand, a council sold some land, and sometime during the process of the sale, slapped a TPO on trees on the land.
Presumably this means that the new owner cannot now do what he intended to do.
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Re: fraud by not declaring encumbrances

Postby atticus » Wed Feb 21, 2018 6:19 pm

Is it possibly that a councillor may have acted in an underhand way, in an attempt to persuade the OP to sell the land to him?

Facts need to be gathered and set out clearly.
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Re: fraud by not declaring encumbrances

Postby BATS » Wed Feb 21, 2018 6:49 pm

yes but tpo placed on after sale completed and surely the 1925 property act states must declare encumbrances. seller beware. and it was a blanket tpo covering all land.
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Re: fraud by not declaring encumbrances

Postby dls » Thu Feb 22, 2018 9:45 am

A TPO may be placed on land at any time. If after completion, then it is too late. If before exchange, teh buyer does not go ahead.

If the absence of a TPO is an important consideration before buying, particular enquiries should have been made.

Generally an authority acting to place a TPO is not going to be boundby any other bracnh of that authority.

If you buy land anticipatng some 'promise' from teh authority not to place a tPO on a tree,how long is that promise supposed to last?

There is in general no duty on a landowner to declare encumbrances. It is for the buyer to ask about things important to him. An answer must be truthful, but a seller can simply decline to reply.
Last edited by atticus on Thu Feb 22, 2018 10:09 am, edited 1 time in total.
Reason: tidied up dls's eccentric typing!
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