Legal advice

[RS6 see you]

Hi all,
Some legal advice would be grateful please,

My dad once owed a business, he introduced a partner in to run the business and we went to live abroad, whilst abroad the partner changed the business solely over to him self.

To cut a long story short my dad took him to court and won, the plaintiff was ordered to pay a sum of money.

The money was never paid and a charge was put on the plaintiff’s property.

My question is

Would the plaintiff be able to remove the charge without paying my dad the money owed?
And
How can he enforce the charge so the money is paid?

Thanks in advance!

[RS6 see you]

sorry,it was a caution against the property not a charge

[Kevin VRs]

Never heard of a caution against a property, only a charge. If it is a charge, then no he cannot sell the property without your father's permission, gained through paying him, and no he cannot remove the charge without your father's consent. Take him to court again to get your money.

[Jasandjules]

Kevin VRs said:

Never heard of a caution against a property, only a charge. If it is a charge, then no he cannot sell the property without your father's permission, gained through paying him, and no he cannot remove the charge without your father's consent. Take him to court again to get your money.

If there is a charge I assume it's on the Land Registry as such. You COULD (but it's difficult) even go so far as to seek an order of the court to sell the property so that your father can get his money....

But no, he can not sell the house without paying your father the charge (and his mortgage company won't be too pleased about it either).