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Found 4 results

  1. Hi, I'm looking at purchasing a house tomorrow at auction. I have had a good look at all the searches and deeds etc and am happy with the majority. The only issue is that there is one charge in the title deeds which I don't quite understand, mainly because it is legal language. Could anyone translate the following for me, please. Many thanks indeed, Jim "Except rights of light air or otherwise which would restrict or interfere with the free use of the adjoining messuage of the Vendor being <<ADDRESS OF NEXT DOOR NEIGHBOUR HERE>> aforesaid for building or other purposes EXCEPT and RESERVING unto the Vendor and her successors in title the owner or owners for the time being of the said adjoining property <<ADDRESS OF NEXT DOOR NEIGHBOUR HERE>> aforesaid all easements quasi easements rights and privileges now or heretofore occupied or enjoyed therewith over or in relation to the property hereby transferred."
  2. I sold a freehold property in England completing on 31/03/2021. In August 2021 I was contacted by the local council asking for a council tax payment for a period after the sale completion. I then discovered that the title had not been transferred at the Land Registry. I have been monitoring the title for property alerts for some time even before the sale and the most recent alert I had was 2 days prior to completion when the purchasers solicitors lodged a search to protect a pending purchase. I asked the Land Registry if they had a TR1 pending (in case of delay owing to Covid) and they replied that there was no application pending. On further enquiry recently they told me that "The application referred to was cancelled in September 2021 and as such was not registered at that time. At the time you made your recent query, no applications were showing against the title and as such this was the basis of the response given. An alert should be issued when an application is received at HM Land Registry." Although I have dealt with the local council by sending evidence of the completed sale I am concerned that I could be contacted for any other liabilities associated with the property, or worse be the victim of some nefarious activity. What would be the best course of action to take to get the title transferred to the purchaser?
  3. Good morning all, I'd like to hear from anyone who knows about title splitting concerning commercial properties that has residential on top. If an investor bought a freehold commercial unit with a flat then decided to sell each unit separately how you deal the title on the flat? I believe there are few options on how you deal with unit depending on whether you want to keep the freehold or not. In this scenario it would be if you want to sell all the units with the freeholds as well. The commercial unit would simply be sold as a freehold unit. Concerning the flat would you say it's best to create a lease then sell the lease and freehold separately? Of course I know a good solicitor will be needed to ensure the titles are prepared adequately. Just looking to hear from any here who may have knowledge and experience of this. Thanks
  4. Hello everyone! I have a very unusual property law case. I have been trying to get advice from about dozen of various property law solicitors as well as taking some actions but unsuccessfully and no one knows what to do with it…. In 2007 my husband and I bought a leasehold property (1st floor maisonette) with a converted loft. The loft was converted in 2004. When we bought the property it was repossessed. We used recommended solicitors, who were based in Scotland. Only after the purchase was sealed I found out that the loft had a separate title and what’s worse it was not transferred into our names. We have ended up with a flat that is registered in our names and the loft in the name of the previous owner. He was repossessed when we bought the property and cannot be found (I used solicitors/detectives to track him down). I desperately want to correct the title but I’ve not been able to do it for the last 5 years! As we spent a few years trying to investigate the situation, we now know this: · One of the previous owners obtained a new lease from the landlord (Greenwich Council) for the loft and converted it – without planning permissions in 2004. · He subsequently sold the property that had two titles (one for the flat and one for the loft) to an Italian chap. Both titles were transferred correctly · In 2006 the Italian bloke got repossessed · We bought the place in 2007. As the property was repossessed our solicitors were dealing with the company that took the premises over. It seems that the bank that had charges over the property didn’t realise that there were two titles. As a result my solicitors were never made aware of any separate title and they only transferred the flat title into our names. In order to rectify the title we’ve already tried: · Contacting Land Registry – they refused to help · Contacting the landlord (Greenwich Council) – they refused to help. I asked them to cancel the lease they granted to one of the previous owners as they breached the lease conditions by converting the loft without seeking planning permissions. · Had a court case but the judge overruled our right to the loft simply because the previous owner cannot be found….We are still puzzled. The previous owner has no rights as he got repossessed – it included the loft…. · Asking my solicitors for help – they got into administration since. In any case they don’t think it was their fault as they were dealing with the bank who repossessed the property and it seemed the bank itself didn’t realise about the two titles. The bank sold the flat to us only but consequently they removed the charges from the loft as we approached them and asked to do so. · My solicitors who are now into administration were trying to help by giving me an insurance policy to cover any problems with a potential claim to the loft by the Italian chap should he miraculously turned up. They assured me it would be enough to sell the property. Two years ago we wanted to sell but it fell through as a mortgage provider refused to give mortgage to our buyers. This was because of the loft issue…. I should add that there is no separate entrance to the loft. The only way to enter the loft is via a staircase that is inside my flat. It seems like a very silly error but it causes me a lot of grief and it means we are stuck with this property for a mistake that was not made on our part… I just desperately want to correct the title. I’ve been told that I could try after living in property for 10 years – to make an application to the Land Registry and use ‘Adverse Possession law’. It means that I have to wait for a lot longer and besides I don’t know what my chances of having the application being successful are…. Do I have any other options???? Thanks so much in advance!
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