Purchasing house : Restriction on title

[mehball]

We have been trying to purchase a house but a restriction on the title is causing great delays. Apparently this clause is what's causing the problem.



Don't really know much about conveyancing but what does this mean and does anyone know why it's taking an absolute age?

[Billsnemesis]

mehball said:

We have been trying to purchase a house but a restriction on the title is causing great delays. Apparently this clause is what's causing the problem.



Don't really know much about conveyancing but what does this mean and does anyone know why it's taking an absolute age?

Your solicitor should be able to sort this out. It is an absolute bar on you becoming owner but such entries are not uncommon. They are usually used to ensure that obligations such as contributions to maintenance of common access points are passed on from seller to buyer.

It is a normal part of the conveyancing process. Once the consent is obtained the title will be clear.

My one concern would be a worry that the companies still exist when you need to sell but again your solicitor will be able to advise you on this.



And then people wonder why conveyancing costs....

[Billsnemesis]

mehball said:

We have been trying to purchase a house but a restriction on the title is causing great delays. Apparently this clause is what's causing the problem.



Don't really know much about conveyancing but what does this mean and does anyone know why it's taking an absolute age?

Your solicitor should be able to sort this out. It is an absolute bar on you becoming owner but such entries are not uncommon. They are usually used to ensure that obligations such as contributions to maintenance of common access points are passed on from seller to buyer.

It is a normal part of the conveyancing process. Once the consent is obtained the title will be clear.

My one concern would be a worry that the companies still exist when you need to sell but again your solicitor will be able to advise you on this.



And then people wonder why conveyancing costs....

[Billsnemesis]

Who knew there was a browser function that duplicates posts?

Not me anyway

[herewego]

Are you not allowed to delete a duplicate post?

[McClure]

Billsnemesis said:

mehball said:

We have been trying to purchase a house but a restriction on the title is causing great delays. Apparently this clause is what's causing the problem.



Don't really know much about conveyancing but what does this mean and does anyone know why it's taking an absolute age?

Your solicitor should be able to sort this out. It is an absolute bar on you becoming owner but such entries are not uncommon. They are usually used to ensure that obligations such as contributions to maintenance of common access points are passed on from seller to buyer.

It is a normal part of the conveyancing process. Once the consent is obtained the title will be clear.

My one concern would be a worry that the companies still exist when you need to sell but again your solicitor will be able to advise you on this.



And then people wonder why conveyancing costs....

A couple of points:

1. It's not a bar on you becoming owner but it will prevent the Land Registry registering you as owner - net effect is the sellers will hold the legal title on trust for you until the registration is completed; but this is academic as you shouldn't complete without knowing what the restriction protects or they consent is provided.

2. You shouldn't accept this without knowing to what it relates on the offchance the company might not exist when you sell (in which case the benefit of the restriction will vest in the Crown, which is an utter bloody nightmare).

As said above, your solicitor should tell you what the restriction is protecting and whether you will also be subject to that restriction when you have bought.

[mehball]

Solictors are saying it favours Orchard homes. They are in the process of getting this restriction removed.

[konark]

I am not a lawyer, just a cynic.

Isn't this just Orchard Homes needing to give permission everytime the house is sold, mortgaged, remortgaged etc so they can generate a three-figure 'administrative charge' for doing arse all?

[burwoodman]

konark said:

I am not a lawyer, just a cynic.

Isn't this just Orchard Homes needing to give permission everytime the house is sold, mortgaged, remortgaged etc so they can generate a three-figure 'administrative charge' for doing arse all?

new builds which restricts onselling whilst further phases built. they dont want to compete. it's old now so needs removing-and will be

[Martin4x4]

Billsnemesis said:

Who knew there was a browser function that duplicates posts?

Not me anyway

and one to delete duplicate posts as well.

[Red Devil]

mehball said:

Solictors are saying it favours Orchard homes.

That much is obvious. The reason is quite likely to be that posted by burwoodman

mehball said:

They are in the process of getting this restriction removed.

That is the cause of the delay. Even if the developer is not objecting it has no incentive to get its finger out.