Hi There is something strange . Clearly the property is a freehold property and one should have examined the Office Copy Entries. These would have a date they were issued and should have been very recent and further would have...
I think its absolutely disgusting that there should be ANY discriminating and ALL adverts should make it quite clear. For example they should clearly state . Scumbags, druggies, pis heads ,arsonists Millwall suporters all are welcome Including suckers i.e those...
Reply to the comment left by Ryan Whelpdale at 01/12/2018 - 13:14When you purchased the seller would, have completed a property information form and a question would have been asked if any building works had been carried out , This...
You should have received at least a copy of the Lease and as you own the Freehold you should also have the Counterpart so you should know if the loft forms part of the Leasehold interest. In respect of the...
Is one to assume that the property is a Leasehold property?I would suggest that one looks at the actual Lease which should amongst other matters define the extent of the demised premises . Does it actually include the loft space...
You need to make a decision do you want to get this matter completed as soon as possible or not. If you do not want to send any money until everyone is ready to exchange that's fine but it will...
I would have difficulty in believing a contract was sent to you with NO covering letter saying as an example " Please sign in the place indicated and return to theses offices where it will be held on file pending...
First question .Who is responsible for carrying out the insurance, repairs and maintenance etc Is it the freeholder or perhaps a management company whose shareholders/members are just the leaseholders Second question what EXACTLY does the lease say in respect of...
No You do NOT have to set up a separate management company and transfer the freehold into it, You can remain as the freeholder and grant the separate Leases remaining as the freeholder. In view of the long backlog at...
If the Leaseholder has a dispute with the freeholder that is a matter between her and the freeholder and on the face of it Its nothing to do with you . . I would suggest download a copy of the...
I think you are missing the most important point . Even if there were an obligation to repair and maintain a fence this would be a positive covenant and distinct from a restrictive covenant . Restrictive covenants can be enforced...
The position with any insurance is that it is a "Contract of utmost good faith " It is for the person taking out the policy to disclose any material matter that may effect the insurance company decision In issuing the...
It is not uncommon to find defects in residential Leases. The easiest and most common practise is to take out indemnity insurance. Just ask your lawyer who acted for you in the purchase . The insurance can cover successors in...
I wrote an article in 2014 for the Southern Landlords newsletter and it available on line and this sets out the position in detail It is the Local Government Finance Act that covers the position. Basically subject to exceptions the...
Firstly if your tree overhangs this constitutes a trespass. Secondly you have a legal duty to all those likely to be effected by your acts or omissions. Apply these points to your scenario. Is it reasonably foreseeable that rotten apples...
I would suggest that the very first thing you do is download a copy of his title from Land Registry cost is only £3.00 plus another £3.00 if you want a copy of the filed plan which is not necessary...
Don't condemn the Lawyer without the full knowledge. The Land Registry have a backlog . Unless it is a straightforward matter expect long delays. If it was a first registration .i.e a new build or a purchase of just part...
As in most queries the first thing to do is READ THE LEASE In some there is a total prohibition on any underletting but this is unusual . More common in about 1 in six cases there are conditions e.g...
It is true that many covenants are unenforceable Usually because one cannot tract down the person or body who has the benefit of that covenant or the exact area of land that benefits from it and also because the breach...
It is not true to say that covenants often only apply to the first purchaser. This is a RESTRICTIVE covenant. not a positive covenant. A restrictive covenant is attached to the land . There are various ways that covenants can...
10th May 2019, 7 years ago
Hi There is something strange . Clearly the property is a freehold property and one should have examined the Office Copy Entries. These would have a date they were issued and should have been very recent and further would have...
Read More →29th April 2019, 7 years ago
I think its absolutely disgusting that there should be ANY discriminating and ALL adverts should make it quite clear. For example they should clearly state . Scumbags, druggies, pis heads ,arsonists Millwall suporters all are welcome Including suckers i.e those...
Read More →Reply to comment left by Ryan Whelpdale at 01/12/2018 - 13:14
Reply to the comment left by Ryan Whelpdale at 01/12/2018 - 13:14When you purchased the seller would, have completed a property information form and a question would have been asked if any building works had been carried out , This...
Read More →1st December 2018, 7 years ago
You should have received at least a copy of the Lease and as you own the Freehold you should also have the Counterpart so you should know if the loft forms part of the Leasehold interest. In respect of the...
Read More →27th November 2018, 7 years ago
Is one to assume that the property is a Leasehold property?I would suggest that one looks at the actual Lease which should amongst other matters define the extent of the demised premises . Does it actually include the loft space...
Read More →30th October 2017, 8 years ago
You need to make a decision do you want to get this matter completed as soon as possible or not. If you do not want to send any money until everyone is ready to exchange that's fine but it will...
Read More →26th October 2017, 8 years ago
I would have difficulty in believing a contract was sent to you with NO covering letter saying as an example " Please sign in the place indicated and return to theses offices where it will be held on file pending...
Read More →30th March 2017, 9 years ago
First question .Who is responsible for carrying out the insurance, repairs and maintenance etc Is it the freeholder or perhaps a management company whose shareholders/members are just the leaseholders Second question what EXACTLY does the lease say in respect of...
Read More →26th January 2017, 9 years ago
No You do NOT have to set up a separate management company and transfer the freehold into it, You can remain as the freeholder and grant the separate Leases remaining as the freeholder. In view of the long backlog at...
Read More →24th January 2017, 9 years ago
If the Leaseholder has a dispute with the freeholder that is a matter between her and the freeholder and on the face of it Its nothing to do with you . . I would suggest download a copy of the...
Read More →24th January 2017, 9 years ago
I think you are missing the most important point . Even if there were an obligation to repair and maintain a fence this would be a positive covenant and distinct from a restrictive covenant . Restrictive covenants can be enforced...
Read More →14th December 2016, 9 years ago
The position with any insurance is that it is a "Contract of utmost good faith " It is for the person taking out the policy to disclose any material matter that may effect the insurance company decision In issuing the...
Read More →12th December 2016, 9 years ago
It is not uncommon to find defects in residential Leases. The easiest and most common practise is to take out indemnity insurance. Just ask your lawyer who acted for you in the purchase . The insurance can cover successors in...
Read More →8th December 2016, 9 years ago
I wrote an article in 2014 for the Southern Landlords newsletter and it available on line and this sets out the position in detail It is the Local Government Finance Act that covers the position. Basically subject to exceptions the...
Read More →5th December 2016, 9 years ago
Firstly if your tree overhangs this constitutes a trespass. Secondly you have a legal duty to all those likely to be effected by your acts or omissions. Apply these points to your scenario. Is it reasonably foreseeable that rotten apples...
Read More →24th October 2016, 9 years ago
I would suggest that the very first thing you do is download a copy of his title from Land Registry cost is only £3.00 plus another £3.00 if you want a copy of the filed plan which is not necessary...
Read More →20th September 2016, 10 years ago
Don't condemn the Lawyer without the full knowledge. The Land Registry have a backlog . Unless it is a straightforward matter expect long delays. If it was a first registration .i.e a new build or a purchase of just part...
Read More →17th September 2016, 10 years ago
As in most queries the first thing to do is READ THE LEASE In some there is a total prohibition on any underletting but this is unusual . More common in about 1 in six cases there are conditions e.g...
Read More →1st September 2016, 10 years ago
It is true that many covenants are unenforceable Usually because one cannot tract down the person or body who has the benefit of that covenant or the exact area of land that benefits from it and also because the breach...
Read More →1st September 2016, 10 years ago
It is not true to say that covenants often only apply to the first purchaser. This is a RESTRICTIVE covenant. not a positive covenant. A restrictive covenant is attached to the land . There are various ways that covenants can...
Read More →Showing 20 of 35 comments