I am in need of a conveyancer/conveyancing solicitor experienced in writing overage clauses (clawback) but I'm struggling to find one. If anyone knows of one please could you send me a PM, I don't think it's allowed to mention names on the forum.
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Any firm with a designated commercial conveyancing department should be able to help. There are some niche firms, but you probably should be looking at a firm in a large town with at least 15 partners. -
Thanks Lawcruncher.Comment
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there are a number of ways of achieving an overage. Its quite tricky.Comment
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Reply to Less than 50% of freeholdNo. Your obligations and those of the FH are determined by the lease. When the FH does not obey the lease (or cheats) you have recourse via the courts. If you are part of the freeholder (but with no actual ability to uphold those obligations) you would be taking legal action against yourself. If as...30-06-2022, 15:11 PM
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I have just started conveyancing for a share of freehold flat. The flat is the ground floor of a converted house.
I have just found out that the other 2 share of freehold flats are owned by the same person (who originally owned the whole building).
How much of a problem is...29-06-2022, 13:28 PM -
Reply to Less than 50% of freeholdThank you, my thoughts are going this way. Could you explain briefly why it would be worse? I assume because I'm on the hook for shared costs whereas if I had the same flat but without the freehold I would not...30-06-2022, 14:40 PM
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Reply to Less than 50% of freeholdIf you own a minority share of the freehold, then true you have no say at all. The freeholder still has to obey the lease and the law though.
I would not buy it. Owning a minority share in a "share of freehold" situation is far worse than not owning any share at all (and having...30-06-2022, 11:54 AM -
Reply to Less than 50% of freeholdDo you mean that you are buying a leasehold flat with a share of the freehold?...29-06-2022, 21:47 PM
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I’m hoping Lawcruncher or other legal minds can comment on this… seen a property to buy, its terraced so there’s a house on both sides, but there is an open walkway through the house to allow access to the rear garden. This also gives access to the immediate neighbours gardens. the ‘alley way...15-06-2022, 19:29 PM
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Reply to Flying freeholdIt is possible that the house was originally a council owned property along with the other houses in the terrace.
The register of title may show the details of the original transfer deed with a Copy Filed at Land Registry, as may the register of title for the adjacent house that has access...28-06-2022, 09:08 AM -
Ex Council Garage Land
Two years ago during lockdown I walked my local area and noticed a piece of land that looked like it had been abandoned. The land was open for anyone to walk into and as I got to the end of the driveway there were two run down sheds/Garages from the 60’s, Asbestos...29-01-2022, 11:14 AM -
Reply to Ex Council Garage LandIn the case of housing I think it is safe to assume they did own it.
Whenever local government gets reorganised a lot of land moves between councils by Act of Parliament and without the need for a written document. A change of ownership of unregistered land by statute does...27-06-2022, 09:40 AM
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