New build purchase / land registry problem
Discussion
Hi
Just after some advise on current situation.
in 2008 we bought a barratts new build and some incentives were part deposit/stamp/legal/flooring etc given for free on the basis we use their solicitors they provide, so practially everybody on the plot were kind of forced to use them if you wanted the freebies.
fast forward now, we are looking at buying a david wilson home, (owned by barratts group) we are part exchanging our barrats home for their new DW home. We were supposed to complete 2.5 half weeks ago, but there has been a major issue with the 2 clauses in our title deeds that prevent us from selling.
These two clause have been now confirmed they should not of been there after getting both the solicitors invloved in our 2008 sale. They have put in an application to amend title deeds. Land registry are taking there sweet ass time removing these clauses now been 2.5 weeks. No ETA when it could be done they have a few days backlog as i have been told.
What i wanted to ask, what would you do in this situation would you ask for compensation on this hold up from barrats group? Mainly put point across, as we taken kids out of nursery, losing holiday time, losing removal company (especially as other movers are charging double) because they forced us to use their solictors back then which screwed up removing these clauses.
I know two other residents on my current plot who have these clauses in their title deeds, so they have screwed up for a lot of other residents.
Thanks
Just after some advise on current situation.
in 2008 we bought a barratts new build and some incentives were part deposit/stamp/legal/flooring etc given for free on the basis we use their solicitors they provide, so practially everybody on the plot were kind of forced to use them if you wanted the freebies.
fast forward now, we are looking at buying a david wilson home, (owned by barratts group) we are part exchanging our barrats home for their new DW home. We were supposed to complete 2.5 half weeks ago, but there has been a major issue with the 2 clauses in our title deeds that prevent us from selling.
These two clause have been now confirmed they should not of been there after getting both the solicitors invloved in our 2008 sale. They have put in an application to amend title deeds. Land registry are taking there sweet ass time removing these clauses now been 2.5 weeks. No ETA when it could be done they have a few days backlog as i have been told.
What i wanted to ask, what would you do in this situation would you ask for compensation on this hold up from barrats group? Mainly put point across, as we taken kids out of nursery, losing holiday time, losing removal company (especially as other movers are charging double) because they forced us to use their solictors back then which screwed up removing these clauses.
I know two other residents on my current plot who have these clauses in their title deeds, so they have screwed up for a lot of other residents.
Thanks
first clause is, no disposition of the registered estate (other than a charge) by the proprietor of the registered estate signed by new homes group.
- no one really sure why new homes are on there, but as confirmed by 2008 solicitors this should have been removed and dealt with back then.
second clause similar to above,: Restriction Until 18sep 2018 no disposition of the registered estate without written consent signed by secretary of state for defence without a certificate signed by the applicants conveyancer that consent is required.
I think the land was bought off the MOD by barratts,
- again solicitor confirmed this should have been removed before being passed to us
the current DWH solicitor only picked this up in the very last week we were to exchange.
- no one really sure why new homes are on there, but as confirmed by 2008 solicitors this should have been removed and dealt with back then.
second clause similar to above,: Restriction Until 18sep 2018 no disposition of the registered estate without written consent signed by secretary of state for defence without a certificate signed by the applicants conveyancer that consent is required.
I think the land was bought off the MOD by barratts,
- again solicitor confirmed this should have been removed before being passed to us
the current DWH solicitor only picked this up in the very last week we were to exchange.
What is the consent conditional upon? Entering into any deeds of covenant? There are certain restrictions that once complied with the Land Registry will remove on a transfer and some which they will carry forward onto the title of the new owner. Sometimes they aren't entirely consistent.
I suspect what might have happened is the completion of registration came through and was not fully checked and forgotten about. But your solicitor on the current sale should have had this in mind from the outset.
I suspect what might have happened is the completion of registration came through and was not fully checked and forgotten about. But your solicitor on the current sale should have had this in mind from the outset.
i dont see anything with regards to covenant. thats all the information i have on the title deeds/
All i know is that these restrictions were to be removed when they applied to land registry, but someone has forgotten or did not do it correctly.
dont really want to give location out for now. I will see how this pans out for now, but i wanted to argue this with them. amazing what these developers/solictors can get away with.!!
All i know is that these restrictions were to be removed when they applied to land registry, but someone has forgotten or did not do it correctly.
dont really want to give location out for now. I will see how this pans out for now, but i wanted to argue this with them. amazing what these developers/solictors can get away with.!!
It's common restrictions so don't see why your solictors are having a issue with them.
We retain covenants within Titles and nost of the time they are there for a reason, e.g make sure that people pay Estate Charges, ground rents etc.
Tbh i wouldn't expect the land registry to have quick turnaround either or normally there is a claise stating not to be unreasobaly withheld. You could apply to land reg and state that, i know some people do that when im slow sending consents back.
We retain covenants within Titles and nost of the time they are there for a reason, e.g make sure that people pay Estate Charges, ground rents etc.
Tbh i wouldn't expect the land registry to have quick turnaround either or normally there is a claise stating not to be unreasobaly withheld. You could apply to land reg and state that, i know some people do that when im slow sending consents back.
Edited by olivebrown on Friday 27th May 14:54
It's common restrictions so don't see why your solictors are having a issue with them.
We retain covenants within Titles and nost of the time they are there for a reason, e.g make sure that people pay Estate Charges, ground rents etc.
Tbh i wouldn't expect the land registry to have quick turnaround either.
We retain covenants within Titles and nost of the time they are there for a reason, e.g make sure that people pay Estate Charges, ground rents etc.
Tbh i wouldn't expect the land registry to have quick turnaround either.
We have been told these were not supposed to be there, so I don't know why the solicitors are having issues dealing with it, and as they have contacted LR to get these amended, I don't hold any hope that it will be dealt with anytime soon. It's now a waiting game with the LR.
olivebrown said:
It's common restrictions so don't see why your solictors are having a issue with them.
We retain covenants within Titles and nost of the time they are there for a reason, e.g make sure that people pay Estate Charges, ground rents etc.
Tbh i wouldn't expect the land registry to have quick turnaround either.
We retain covenants within Titles and nost of the time they are there for a reason, e.g make sure that people pay Estate Charges, ground rents etc.
Tbh i wouldn't expect the land registry to have quick turnaround either.
that;s fine, I will leave this be, with LR/Solicitor's, not anything iI can actually do myself.
My main point was, if you guys were in this situation, would you ask david wilson who are owned by Barratts for compensation for this as we had to use the solicitors they provided back in 08 and now causing this delay.?
My main point was, if you guys were in this situation, would you ask david wilson who are owned by Barratts for compensation for this as we had to use the solicitors they provided back in 08 and now causing this delay.?
AC43 said:
You can get indemnity policies for loads of stuff.
Just sold mine and had to do one for some chancel "issue" and another because there was something not right with my certificate of lawfulness.
Unlikely to get an indemnity policy for a covenant on a newish property where the beneficiary is known and exisitsJust sold mine and had to do one for some chancel "issue" and another because there was something not right with my certificate of lawfulness.
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