Property Disputes – Property Ownership

Sector

Private client.

How we helped

Our client failed to file company accounts, and as a result, his Company was struck off the register under Section 1000(3) of the Companies Act 2006 on 14 July 2009. The Company owned a piece of land which the client wanted to sell, and it was only on starting the selling process, that the client was aware the company had been struck off.

We had to establish that the Company held the Property on a resulting trust, and therefore drafted the relevant paperwork to send to the Bona Vacantia Division to avoid disclaimed and obtain a preliminary view on the likely stance of the Treasury Solicitor. The Treasury Solicitor confirmed that he did not intend to make a claim to the property as bona vacantia and therefore the claim was heard in the Business and Property Courts in Birmingham, and the Judge ordered that the Property vested in the client.

This was extremely important to the client, because the Property was worth between £20,000.00-£30,000.00 and was for his pension. The successful claim meant that the Property now vests with him.

Value

£20k-£30k.

Lawyers involved

Kristy Ainge.