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Apr, 2014

Thursday

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  1. You got a copy of the freehold title register. ...

    You got a copy of the freehold title register.

    The leasehold title is registered under the number shown in the charges register you have quoted. Get a copy of that title too.

    Now look at...
  2. Or get your solicitors to undertake to clear the...

    Or get your solicitors to undertake to clear the arrears from the proceeds of sale - assuming they are sufficient.
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    I don't think the fact of owner occupation makes...

    I don't think the fact of owner occupation makes any difference in this case. if you let the barn to someone else the position would be the same.

    Not sure about the precise niceties of when...
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    The concept of "planning unit" is largely judge...

    The concept of "planning unit" is largely judge made as I understand it but my understanding is that it is a unit of occupation - so the mere fact that the barn and the house are occupied separately...
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    You said So doesn't that mean that the seller's...

    You said So doesn't that mean that the seller's solicitors gave the wrong figure to your solicitors and your solicitors relied on it?

    Is your point that your solicitor should have checked that...
  6. Probably wouldn't be informed. Information flow...

    Probably wouldn't be informed. Information flow in chains is notoriously bad. I tell clients never to make assumptions based on what other people have said because those others may have...
  7. Why do you want to register it? You are the...

    Why do you want to register it? You are the trustee and hold the property on trust for yourself and the minor.
  8. This could well be a headleasehold title for a...

    This could well be a headleasehold title for a larger area and each maisonette may have its own individual leasehold title.
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    Existing longish thread on this question at: ...

    Existing longish thread on this question at: http://http://forums.moneysavingexpert.com/showthread.php?t=4457067
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    That isn't what you are doing is it? You are...

    That isn't what you are doing is it? You are creating an additional residential unit which isn't the same as using an outbuilding as a habitable room related to an existing dwelling.
  11. By giving a lease or a licence of the land the...

    By giving a lease or a licence of the land the Council prevents you acquiring a possessory title to it. If they ever want it back they can bring the lease/liecence to an end and repossess it.
  12. I think some of the confusion is caused by people...

    I think some of the confusion is caused by people thinking that somehow a mortgage lender could take a charge on the freehold title.

    Think about it. The freehold will be jointly owned by A &...
  13. Other restrictive covenants (those that are...

    Other restrictive covenants (those that are negative in substance) may still be enforceable by anyone who can show that they have the benefit of the covenants. It is only covnenats that forbid...
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    Why did your solicitor avise yout o agree to a...

    Why did your solicitor avise yout o agree to a contract whereby "a share in the freehold" was to be transferred within 3 months? Why not at the same time as you completed?
  15. If the consent is required from a specific...

    If the consent is required from a specific company that has now been dissolved the covenant is unenforceable and can be ignored.
  16. If you ge tthe frehold of the whole area form the...

    If you ge tthe frehold of the whole area form the gorund upwrads allbit with rights of acces etc for others at gorund floor level there shouldn't be a problem as there will not be a flaying freehold....
  17. Indemnity insuarnce doesn't replace a guarantee -...

    Indemnity insuarnce doesn't replace a guarantee - it only protects against enforcement action by the Council for non-compliance with the Building Regulations. No pay out if boiler blows up or if...
  18. If the land owners are prepared to transfer the...

    If the land owners are prepared to transfer the title to you but are only giving limited title gauarantee you are getting 99.5% of what you want. The difference between full and limited title...
  19. It is very unikely that a buyer's solicitor would...

    It is very unikely that a buyer's solicitor would agree contract wording that allowed the deposit to be paid to the seller's solicitor as agent for an individual so in reality the answer is 99.5%...
  20. Did you tell your solicitors that there was a...

    Did you tell your solicitors that there was a tenant in the flat? Landlord should have served the notice immediately your offer was accepted and your solicitors should have insisted on this. If I...
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    I am suprised that there are many questions that...

    I am suprised that there are many questions that are relevant for the freeholder to answer. The whole point of the criss-cross scheme is generally that no ground rent is payable and that each...
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    Make sure you split it straight down - don't have...

    Make sure you split it straight down - don't have rooms in one "house" over rooms in another - that creates flying freeholds and no end of complications.

    As Lawcruncher has said, when you sell...
  23. Provided the owner of the other 50% of the...

    Provided the owner of the other 50% of the freehold agrees or you go through the statutory lease extension process (after you have owned the flat for 2 yaers ) and pay him a lot of money!
  24. You mention both a headlease and an underlease. ...

    You mention both a headlease and an underlease. Do they both cover the same are of land/buildings or is the headlease of the whole area and the underlease of say only one flat?

    You can get...
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    Builder is not going to enter into a contract...

    Builder is not going to enter into a contract with you until it has done so with buyer of new house. If deal is being set up now I assume builder is hoping that buyer will enter into contract...
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