We have been waiting for over a month for freeholders solicitor to provide the deed of covenant for the leasehold flat we are buying (in addition to STILL NOT providing the Fire Risk Assessment). Mortgage offer expires in just over 2 months. Can our (buyers) solicitor draw up the deed? Thanks
Can buyers solicitor draw up deed of covenant?
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It is not unusual for the buyers solicitor to presume to serve a D of C on the landlord. Some leases (admittedly not a high percentage) have a specimen deed of covenant for such use in an appendix. The deed may have special requirements which would become apparent on reading the lease, such as the buyers covenanting to take a share in the management company and assign it with the flat in the future.
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by Harry212Hello, hoping someone may be able to help with a question on a restrictive covenant.
We're in the process of purchasing a property in Devon. We plan to move to the property in a few years once the children have finished school where we live but in the short term plan to use the property...-
Channel: Conveyancing Questions
05-03-2021, 17:16 PM -
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by Sarah BIt means you can have one family only at a time as long as you are also there. You can't let it as self-contained. You might be able to obtain an indemnity policy but what would the penalty be anyway as how would it be quantified?
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Channel: Conveyancing Questions
08-03-2021, 10:44 AM -
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by HooperThis is a question about purchasing part of a plot and then finding that the Title deeds do not accurately reflect the position of the boundary between the purchased part and part retained by the vendor. Any boundary markers were put in place after sale (the current one by me). It occurs over a period...
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Channel: Conveyancing Questions
05-03-2021, 20:36 PM -
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by HooperThank you both. That's a mammoth thread to plough through! (I should add - with lots of helpful info...)
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Channel: Conveyancing Questions
08-03-2021, 10:37 AM -
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by Harry212Thank you Pilman. I agree, practically this would be very unlikely.
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Channel: Conveyancing Questions
08-03-2021, 05:07 AM -
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by pilmanHaving had quite a lot of experience dealing with properties that had restrictive covenants imposed, my advice would be to ignore the covenant and rent the house out to whoever you wish to.
The possibility that you will be sued for breach of covenant, which would require the owner of the...-
Channel: Conveyancing Questions
07-03-2021, 16:32 PM -
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by LawcruncherA nicely detailed account.
The response can be fairly short and on the same lines as post 2. After the lapse of time the fences in place have come to represent the boundary. Either the general boundaries rule will apply or you can apply to be registered as proprietor of the "extra"...-
Channel: Conveyancing Questions
06-03-2021, 16:30 PM -
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by LawcruncherThe important thing here is that when land is registered it is the register at HM Land Registry (which includes the title plan) which is the title and not any pre-registration documents. So, when land is sold out of a title the Registry are only going to look at the title plan. On a sale of part the...
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Channel: Conveyancing Questions
06-03-2021, 15:44 PM -
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by MitheredupHi there,
When part of a plot is sold off, can I ask what information is used to create the new title plan? Is it taken from the original deed plan or the title plan that Land Registry hold? Our neighbour has just sold off a piece of his land (garden) for development but the boundary is...-
Channel: Conveyancing Questions
06-03-2021, 06:27 AM -
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by helpmenotI do not pretend to understand everything you have described above.
I can only say that if you have had exclusive possession at acquiescence or without consent of land that is in addition to land contained on your title deed for 10-12yrs (depending on if the land is registered) you can...-
Channel: Conveyancing Questions
05-03-2021, 22:20 PM -
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