Property solicitor

[MummytoGeorgie]

I'm on maternity and I miss my work!

I'm a property solicitor, if anyone has any questions I would be more than happy to give some free advice to do with conveyancing i.e moving home, enquiries, searches, title documentation etc (no landlord tenant as that's not my area of expertise).

TIA

[quote MummytoGeorgie]@flyingfreehold2021 hello I hope that you are okay. I find it very surprising that the seller wouldn't know about the flying freehold as they should've been investigated when you purchased the property. When you send over the survey make sure you only send over the extract that they need and not the whole survey. It is very hard to advise on this particular situation because obviously I don't have a copy of the deeds but your solicitor should be able to see from looking at them what the situation is and what it should be. If the solicitors are disagreeing it might be worthwhile having a chat with the estate agents and jumping on a conference call with all parties x

@Evecob hi Eve, so if there is not any restriction on the house that means it isn't noted on the title deeds but it would be within the paperwork referred to within the title deeds but not actually registered on it. I was still saying the situation that data variation is the option to move forward as an RX2 would not be possible if it isn't registered on the title deeds. If your solicitor wants the rent charge off the title is this just his desire or something that your lender requires? obviously I would push for it to be removed within the deed of variation because it's in your best interest to do so and you could have problems if the lender agrees and you proceed with it as it is when you come to sell the property. Have you spoken to the estate agent about it? I think your solicitor needs to be firm with the sellers solicitors as a deed of variation is needed to remove it xx

@mofro no worries and good luck :-)) x

@BingoFucklinger hey if the seller had lived there for over 12 years I would most definitely get them to upgrade the title to title absolute prior to exchanging and completing. The land registry never make any guarantees and if something is not in good order then there may be a small possibility you will never get it upgraded which would be hugely detrimental to you. I'm also sure if you have a mortgage lender involved then they will require this.

When deeds are lost the sellers can provide an indemnity policy at their cost for the missing documentation. That being said the title deeds would contain rights granted to you, possible rights reserved to 3rd parties over the land, and also restrictive covenants (legally binding obligations) which you must adhere to. Obviously if the deeds are lost you are not going to know any of those specific clauses that are contained which is why you rely on an indemnity insurance. They could be a covenant for example that you're not allowed to develop the property and then if you go ahead and do so a third-party may contact you to take action against you for breaching the covenant so indemnity insurance is definitely needed.

Once the sellers solicitors have agreed that the seller will cover the cost of the indemnity policy it will be taken out by them on the completion date and sent to you shortly after by your solicitor.

I hope that the above is helpful if you have any other queries just let me know.

Have a great day all xxx [/quote]
Thanks again mummyofGeorgie for your vauable advice.

We heard back from our solicitor. He says he is asking seller solicitor if "an ammended transfer can be registered without the rentcharge clauses in it to replace the current transfer in the title"

We are yet to hear a reply regarding this. Is this possible? How long would this take? Thanks so much xx

@MummytoGeorgie thank you! The drama continues! I just called our solicitors as we had a meeting booked in this afternoon.. and just found out that he has left the firm and no one knows who’s looking after our files!

@MummytoGeorgie Thanks so much for this! The house was only registered with the Land Registry last week. Even though the sellers have lived there for 60+ years I thought it couldn't be upgraded until there is 12 years worth of deeds -- have I got that wrong?

This may be a really stupid question @MummytoGeorgie but I’ve just received my homebuyers report, who decides if anything needs to be raised with the vendors? Us, or our solicitors, or a combination of both!?

answers to solicitors questions when selling: we haven't put our house on the market yet but we have some neighbour issues and wondering if they would stall a house sale? Firstly we had one neighbour carry out work to a garden wall which is a party wall without serving notice. Their builders turned up and sawed great chunks out of it, sliced the top of it etc. We have cracks in our side and are assessing the likely effects and what to do. I am contemplating writing a letter to the neighbour to put on record what they have done so there is a record of the date they have interfered with the party wall, moved their fence posts into the cut out sections of the wall etc. What I don't want to do is have it interpreted as a boundary dispute or something like that. It would be obvious to most people the wall crosses the mid-point between the properties so we and future owners need a record of the interference and when it happened in case the wall starts to collapse in future for example! I have photos as supporting evidence. Does this get interpreted as a boundary dispute and a 'red flag' for purchasers?
Secondly we have neighbours on the other side who have over-build and put their guttering onto our wall for which we have proof isn't a party wall. We had to use solicitors to ask them to remove it and they refused. We have contemplated court action but didn't go ahead and were considering leaving it as too much hassle and want to sell. Would this be a red flag preventing a sale and are we obliged to resolve it before we can sell? The same owner has also built a loft conversion which allows their flat roof to drain onto the parapet and our roof. Nothing to stop it (like an arris rail on the flat roof of the dormer for example). Their building goes up to the boundary parapet wall and we have expressed concern via solicitor's letter that the roof is allowing water to drain off the side onto our property. They deny this and we haven't pursued it further as of yet. Their loft conversion breaches planning permission but local authority aren't pursuing as far as we know. So if we declare these things is our house unsaleable at present and are these "boundary disputes"?

@Faranth Hey, has your property and the neighbours now been both registered? X

@Andthenanothercupoftea hello, I'm glad that you've learned some bits. Please direct these questions to your solicitor who will raise them with the sellers solicitors as enquiries and provide you with the response thereafter. Xx

@Evecob it's not usual practice. By doing a new transfer doesn't get rid of the old one but if the new transfer revokes one of the clauses in the original transfer that is fine but it was still have to be signed by the parties of the original transfer as they have the benefit the rent charge. You can't vary clauses without the express consent otherwise everyone would do it. Xx

@flyingfreehold2021 that's awful news. Especially when your transaction isn't straightforward. I would definitely try and speak to a partner of the firm as you don't wanna wait one or two weeks for somebody to review your case. X

@BingoFucklinger they can upgrade the title now there doesn't need to be 12 years of deeds just 12 years of ownership. X

@Newhousehope some solicitors will review the survey others will refuse because they say that they aren't surveyors. Some will charge you an extra fee so do check that first. I would recommend that you go through it and if there is anything that you are not happy with then you can obtain quotations for potential works and then either 1) ask the sellers to carry out the works prior to completion or 2) ask them to reduce the price or provide an allowance on completion so that you can have the works done yourself post completion . Xx

@MGMidget Regarding your first comment on the boundaries, I wouldn't say it was a dispute as such but when you do come to sell you will be provided with the property information form which asks questions about boundaries and disputes. Regarding the cracking that should be revealed really by the buyers survey and if there were any issues then the solicitor will raise enquiries with you at that time. Please review the term caveat emptor, the onus is on the buyer to raise anything that they are unhappy with prior to exchange of contracts.

The deeds should state who maintains which boundaries so if for example it did begin to fall in the future then the current owner at the time would either jointly repair it with the neighbouring property or maybe solely repair it depending on whose responsibility it is, again the deeds will reveal this.

Second question regarding the overhanging, obviously there hasn't been a dispute yet as you haven't taken any further action so again it is up to the buyer to recognise that this overhangs and their surveyor and you should reveal it if raised by them. Regarding the breach of the planning permission for the loft conversion this is not directly for your property that you are selling so does not need to be revealed, the buyer will carry out searches and would be advised to carry out a local planning search and if there are anything the solicitor isn't happy with They will raise it at that time.

Xx

@Faranth Hey, has your property and the neighbours now been both registered? X

It's all been sent off to the land registry (ours last April!) but still not showing as registered! Next door only completed a couple of weeks ago so theirs won't be either I wouldn't have thought.

@MummytoGeorgie Thank you. I did manage to speak to a senior partner, after getting fobbed off by the paralegal. He said he will get back to me by Tuesday after reviewing our file. So here is hoping.

But made progress on the EA front, they managed to speak to the vendors and they have now sent over their original survey from when they purchased, which also clearly states there is a flying freehold.

I am assuming there has been miscommunication, during the 4 weeks that they took to reply to us.

However, given the current situation, do you think an indemnity insurance will suffice to satisfy the lender, if there are no covenants in place?

Have a lovely bank holiday and thank you so very much for all your help!

[quote MummytoGeorgie]@Faranth Hey, has your property and the neighbours now been both registered? X

@Andthenanothercupoftea hello, I'm glad that you've learned some bits. Please direct these questions to your solicitor who will raise them with the sellers solicitors as enquiries and provide you with the response thereafter. Xx

@Evecob it's not usual practice. By doing a new transfer doesn't get rid of the old one but if the new transfer revokes one of the clauses in the original transfer that is fine but it was still have to be signed by the parties of the original transfer as they have the benefit the rent charge. You can't vary clauses without the express consent otherwise everyone would do it. Xx

@flyingfreehold2021 that's awful news. Especially when your transaction isn't straightforward. I would definitely try and speak to a partner of the firm as you don't wanna wait one or two weeks for somebody to review your case. X

@BingoFucklinger they can upgrade the title now there doesn't need to be 12 years of deeds just 12 years of ownership. X

@Newhousehope some solicitors will review the survey others will refuse because they say that they aren't surveyors. Some will charge you an extra fee so do check that first. I would recommend that you go through it and if there is anything that you are not happy with then you can obtain quotations for potential works and then either 1) ask the sellers to carry out the works prior to completion or 2) ask them to reduce the price or provide an allowance on completion so that you can have the works done yourself post completion . Xx

[/quote]
thanks.

Sellers solicitor is claiming there are no rent charges to remove on the title, so we have hit a dead end there. Our solicitor has suggested to get a letter from the builder stating he has never asked for an estate rent charge and never will, and that residents are going to form their own management company, send this to our lender. If approved getting indemnity insurance in order to sign off.

We know that it can take up to 3 working days to hear from the lender, but do you know how long indemnity insurance can take to get?

I have a query I would love some advice on. My son is buying a shared ownership flat. Our solicitor has sent through the lease and a change to the lease that happened 5 years ago.
We didn't really understand the change so asked and she has said it altered the rent. However there is without a doubt something about staircasing there bit she says not
What do we do if we are concerned she is wrong?

@Faranth Hey, so your solicitor should have the approved title plan which you will get when the deeds have been registered. This will show the boundary edged in bold red which will you should be able to see whether the roots of the tree are within your boundary or not. That plan will be clear.

Regarding still not registered since April this is ridiculously long, tell your solicitor to chase this with the land registry and keep chasing them. That's way too long!!

@MummytoGeorgie thank you, I agree it's taken a ridiculously long time - we didn't realise it was still ongoing until about a month ago when we got an email from the solicitor telling us 'not to worry about the mortgage company' as they'd apparently been chasing the solicitor. Obviously coming out of the blue like that, that made us worry!

I've found the original deeds from the 70s - i've marked the tree trunk with a green cross. It's a massive tree, and it straddles the wall, which is an old field boundary if that helps you imagine it. It's very definitely outside of our red line, but next doors deeds not showing the same detail makes me wonder if it just defaults to the middle of the hedge, or if it's actually their tree...

@flyingfreehold2021 hello. Glad you managed to make some progress with the agent and senior partner !

I really wouldn't know whether the lender would accept indemnity it really does depend on how bad the discrepancy is it's assessed on a case by case basis and your solicitor would need to see if indemnity is 1) relevant to the defect and 2) obtain your lenders consent prior to exchange as no doubt the lender will refer it back to their underwriting team to review.

I hope that Tuesday brings you good news and have a lovely bank holiday weekend too! Xx

@Evecob If the residents are going to form a residents association then it's more than likely going to be ok because you aren't going to take action against yourself! If your lender is happy with the letter from the builder etc re the estate rent charge then make sure you keep copies of everything as you may face this issue when you come to sell the property. So the sellers solicitors are saying there isn't a rent charge and yours is saying there is.. that's just crazy they should both be able to interpret the deeds I don't understand that as it'd be clear and defined within the original transfer..

Indemnity insurance your solicitor can get a quote the same day he requests it, it's really simple.

Xx

@jesper1 Hey, thank you for your question! It
Is quite common for properties to have a lease and then another lease. Usually you have the original lease and then a lease extension/variation is added some time later to vary the pre-existing terms contained within the original lease. I would assume that the latest lease (5 years ago) altered the term of years and the ground rent (that's the usual circumstance). The lease extension (the one 5 years ago) May contain something re stair casing but without seeing it I really wouldn't know. If you have seen something that you require clarification on though; I would most definitely refer your solicitor to the part in question and ask her to clarify what it's referring to. Please ensure that you fully understand all matters prior to exchange of contracts, at the end of the day you are paying a fee for her to do the transaction but also you must understand what you are buying, it's her job to answer your questions. Failing that, Feel free to attach an extract of the part here and I will have a look xx

@jesper1 and if you're concerned she is wrong you can speak to her supervisor. We all have a supervising partner :-) xx

@Faranth hey, so the lender will want to ensure that their charge is registered at the land registry against the property so as the LR haven't yet finalised registration the lenders security isn't registered which is not acceptable by them
Especially after all this time.

Tell the solicitors your selling your house and you need the updated office copies as a matter of urgency. They'll contact the LR and your case will be expedited and you'll have it back within a week or two. Ask to speak to a partner and Tell them they're now holding up your sale. That's madness!

So on the attachment you have provided I have made some colourings .. so the purple bit circled is that the circumference of the tree?? And the pink highlighted part, is that a walkway that the tree is blocking?

The red edged boundary next
To the green cross, is that a fence?

Xx

Hi, we’re selling our house and we’ve had the buyers enquiries. There’s two I’d like your advice on. 1. We have a valid EPC from when we brought our house but we have had double glazing put in since then. They’ve asked us to have the EPC re-done because of the work. Would you re-do this? 2. They’ve asked if when we brought our house 5 years ago whether we brought it at market value or from a relative. We did buy it at market value (it needed updating). I can’t work out why they’ve asked this question, any ideas? Thanks in advance

Thank you so much. I will go back to her again then.
It mentions staircasing but I don't understand the change. If I don't get anywhere I will come back and upload a pic.

It's a variation we have I think. It also appears not to have been registered when it was done so she is waiting to hear about that
Really appreciate your advice

This thread is amazing!! I am amazed you have the energy @MummytoGeorgie!

My question is, how long does a transfer of equity take? I need to come off my old mortgage to buy another. And once the process itself has been completed, how long do I have to wait to commit to another mortgage? Do I need to wait until the old titles are settled with land registry or does that not really matter once the transfer of equity itself has been signed?

@Ann1979 hey ann hope you're well! So legally the EPC has lasts for 10 years so if it's in date then I'd refuse to have a further one undertaken. I'm assuming the current rating isn't an F and therefore e.g if it was c/d it would only make it
Better so how is that detrimental to the buyer? It's not. I'd respond that you will not be having one undertaken as it's not legally required however you're more than happy for the buyer to have one undertaken if they so wish. Secondly, re the 5 year question. Following the transfer of a property below market value, if any of the sellers are bankrupt as under section 239 of the Insolvency Act 1986 .. the trustee of the bankrupts estate can make an application to the court to void the undervalue transaction. If the court awards in favour of the trustee then they will look to sell the property to settle the debts of the bankrupt party.

For example, if you were giving your house (worth £200,000) to your brother for £0 and then you later became bankrupt.. the trustees of you bankruptcy estate can apply to the court and void the transfer so they can sell the property to reimburse your creditors. The time
Limit for them to do this is 5 years from the transfer date ... you can still sell but there are further steps that need to be taken hence why initially they have asked this question to you. As you have already said that you purchased at full market value you just need to advise that to them :-) hope that all makes sense! Xx

@jesper1 definitely ensure it is registered or will get registered prior to your completion!! It
Could be that the original lease was for 50% share and the seller stair cased to 75% for example (purchased a bit more). Definitely ask her and let me know if you need any more help :-) xx

[quote MummytoGeorgie]@flyingfreehold2021 hello. Glad you managed to make some progress with the agent and senior partner !

I really wouldn't know whether the lender would accept indemnity it really does depend on how bad the discrepancy is it's assessed on a case by case basis and your solicitor would need to see if indemnity is 1) relevant to the defect and 2) obtain your lenders consent prior to exchange as no doubt the lender will refer it back to their underwriting team to review.

I hope that Tuesday brings you good news and have a lovely bank holiday weekend too! Xx

@Evecob If the residents are going to form a residents association then it's more than likely going to be ok because you aren't going to take action against yourself! If your lender is happy with the letter from the builder etc re the estate rent charge then make sure you keep copies of everything as you may face this issue when you come to sell the property. So the sellers solicitors are saying there isn't a rent charge and yours is saying there is.. that's just crazy they should both be able to interpret the deeds I don't understand that as it'd be clear and defined within the original transfer..

Indemnity insurance your solicitor can get a quote the same day he requests it, it's really simple.

Xx

@jesper1 Hey, thank you for your question! It
Is quite common for properties to have a lease and then another lease. Usually you have the original lease and then a lease extension/variation is added some time later to vary the pre-existing terms contained within the original lease. I would assume that the latest lease (5 years ago) altered the term of years and the ground rent (that's the usual circumstance). The lease extension (the one 5 years ago) May contain something re stair casing but without seeing it I really wouldn't know. If you have seen something that you require clarification on though; I would most definitely refer your solicitor to the part in question and ask her to clarify what it's referring to. Please ensure that you fully understand all matters prior to exchange of contracts, at the end of the day you are paying a fee for her to do the transaction but also you must understand what you are buying, it's her job to answer your questions. Failing that, Feel free to attach an extract of the part here and I will have a look xx

[/quote]
Thank you!

@moisturebomb hello !! Hope you are well :-) so the property you need to come off is it also a remortgage into someone's sole name as well as the transfer?

If it is a remortgage as well I'd estimate 2-3 weeks from the new mortgage offer for the one your coming off has come through to your solicitor. If it's just a transfer and no remortgage aspect then couple weeks max.

Once the transfer of equity has completed (not finalised/registered at the land reg you can complete the new purchase any time after that date of completion xx

Thank you so much, this makes complete sense. I really appreciate it

Thank you very much, OP ! Well the only works dome was that loft conversion I mentioned - but I know tere is nothing loged with council aout it as that's what the owners said (previous owners to them who did the conversion haven't provided any docs apatr from some letter - not fom any professional). I had a thread on here asking whether I would need vendors to get imdemnity, but everyome said there is no point as thework was done more than 10yrs ago.