Hi my parents in law are having trouble with the house they are selling for her parents and their solicitor isn't being of much help is anyone able to help with the below. It may be worth noting that these questions come 2 months after the buyers had their surveyor in and stated that they were happy with everything.
Buyers Solicitors Questions that we need to respond to:
12. We note the property is subject to a rentcharge imposed prior to 20th August 1977 which is not an estate rentcharge for services. Please confirm whether the seller has any knowledge or trace of the rentcharge owner. If so, please provide full details. If not, please apply for cancellation of the rentcharge entry using Form ST2 based on non-payment for more than 12 years and supply us with updated registers once done. Alternatively please confirm that on completion you will provide Form ST2 for us to submit with our registration application and a rentcharge indemnity insurance policy in case Land Registry do not cancel the entry.
FURTHER OBSERVATION We note your response however please refer to register official copy which refer to above enquiry and therefore please provide details as chase above. In absence of document please provide us with the suitable indemnity policy at seller's expense. If not, please apply for cancellation of the rentcharge entry using Form ST2 based on non-payment for more than 12 years and supply us with updated registers once done.
FURTHER OBSERVATION:- If the rentcharge is not to be cancelled, our clients lender will require indemnity insurance and please provide a policy at your clients expense. Please take your clients instructions and revert back in due course.
16. As per our client survey report a building works have been carried out at the property (removal of one of the internal wallsl). Please confirm whether wall removed was a Load Bearing Wall or Non-Load bearing Wall. If Load Bearing Wall; please provide us the relevant Building Regulation Approval together with Completion Certificate for the same. If not available, we will require a regularisation certificate to be provided at the sellers expense. Please note that we will not accept indemnity insurance in lieu of the required documentation.
FURTHER OBSERVATION:- We note your response that the works were done around 23 years ago. Please confirm whether wall removed was a Load Bearing Wall or Non-Load bearing Wall. If Load Bearing Wall; please provide us the relevant Building Regulation Approval together with Completion Certificate for the same. If not available, we will require a regularisation certificate to be provided at the sellers expense. Please note that we will not accept indemnity insurance in lieu of the required documentation.
17.As per our client survey report a conservatory was added which seems to be over the drainage run.Please provide us with the build over agreement.
FURTHER OBSERVATION:- We note your response that the conservatory was built in 2001, the man hole is sealed but can still be accessed. Please confirm that the property and any outbuildings have not been built over or within 3m of an existing drainage run. If it has been built, we will require a buildover agreement or a draft indemnity policy for our approval along with specific confirmation that it will be provided at your clients expense on or before completion.
What the questions relate to:
Q12 The “rentcharge” that they refer to is a £4.00 a year to a charity.
We have the original deeds which state “The land in this title together with other land is charged with payment of the annual sum of £4.00 to the Trustees of Bank’s Charity.
NOTE: A Conveyance dated 11 October 1923 made between (1) George Bath and (2) Frederick Maddy contains a covenant by George Bath for payment of the annual charge and indemnity in respect of the same.
2. A Transfer of the land in this title dated 10 June 1969 made between (1) Compton Brothers Limited and (2) James Courthold and Susan Jane Courthold.
NOTE: Copy in certificate. Original filed under HM2729”
James and Susan Courthold are the people mum and dad purchased the house from in 1974. On looking at the ST2 form on line, it appears that the form relates to squatters, of which there are none, so don’t think this form is relevant in this case.
Q16
The wall being removed relates to a sliding door that was put in where a window had previously been as mum and dad had a conservatory installed in 2001, which is when the door was installed. We don’t have any information regarding the installation of the door. We spoke to Admiral Conservatories who installed the conservatory, and they said in 2001 when it was built, there would be no need for planning permission or building regulations, so there wouldn’t have been any paperwork associated with it.
Q17
Again Admiral stated that in 2001 a Build Over Agreement wouldn’t have been necessary. The manhole was raised and is fully sealed and accessible in the conservatory floor.
Thanks in advance :)