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Real Estate Tax Lien Sale Template for England and Wales

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Key Requirements PROMPT example:

Real Estate Tax Lien Sale

"I need a Real Estate Tax Lien Sale agreement for a commercial property in Manchester with outstanding council tax of £75,000, where the local authority wishes to sell the tax debt to an investment company by March 2025."

Document background
A Real Estate Tax Lien Sale document is utilized when a local authority seeks to recover unpaid property taxes by selling the tax debt to a third party. This document is particularly relevant in cases where traditional enforcement methods have been unsuccessful. While this mechanism is less frequently used in England and Wales compared to other jurisdictions, it provides an alternative method for local authorities to recover outstanding tax debts. The document must carefully balance the rights of all parties involved while ensuring compliance with UK property law, local government regulations, and enforcement procedures.
Suggested Sections

1. Parties: Details of the local authority, purchaser, and property owner

2. Background: Context of the tax debt, property details, and enforcement history

3. Definitions: Key terms used throughout the document

4. Property Description: Detailed legal description of the property subject to the tax lien

5. Tax Lien Details: Amount of unpaid taxes, interest, penalties, and other charges

6. Sale Terms: Purchase price, payment terms, and completion requirements

7. Rights and Obligations: Legal rights of purchaser and continuing obligations

8. Completion Process: Steps for completing the sale and transfer of rights

Optional Sections

1. Redemption Rights: Original owner's rights to redeem the property - include when local regulations provide for redemption periods

2. Third Party Rights: Rights of other interested parties - include when there are other registered interests in the property

3. Environmental Matters: Environmental issues affecting the property - include when environmental concerns exist

4. Planning Issues: Planning permissions and restrictions - include when planning matters affect the property

Suggested Schedules

1. Schedule 1 - Property Details: Detailed property information including title number and plan

2. Schedule 2 - Tax Assessment Details: Breakdown of tax assessments and calculations

3. Schedule 3 - Enforcement History: Timeline of enforcement actions taken

4. Appendix A - Property Plans: Official plans and drawings of the property

5. Appendix B - Notice Documentation: Copies of all notices served

6. Appendix C - Title Documents: Relevant title documentation and searches

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































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Industries

Law of Property Act 1925: Fundamental legislation governing property rights and interests in England and Wales, defining legal estates in land. Essential for understanding the basic framework of property transactions.

Finance Act 2003: Contains provisions relating to Stamp Duty Land Tax and other tax implications of property transactions. Includes subsequent amendments affecting property tax regulations.

Local Government Finance Act 1992: Regulates council tax and defines local authority powers regarding tax collection. Provides the framework for local taxation and enforcement.

Tribunal, Courts and Enforcement Act 2007: Governs the enforcement of debts and charging orders. Critical for understanding the legal framework of debt enforcement in property matters.

Land Registration Act 2002: Sets out requirements for registration of charges and establishes priority of interests in land. Essential for property registration and charge creation.

Local Government Legislation: Encompasses various regulations regarding collection of council tax, enforcement procedures, and notice requirements for local authorities.

Human Rights Act 1998: Ensures protection of right to peaceful enjoyment of property and fair hearing rights. Must be considered in enforcement actions.

Consumer Credit Act 1974: Applicable when dealing with consumer debtors, containing fair treatment provisions and consumer protection measures.

Money Laundering Regulations 2017: Mandates due diligence requirements and identity verification procedures in property transactions to prevent money laundering.

Data Protection Act 2018: Regulates the handling of personal information and privacy requirements in property transactions and debt enforcement.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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