Can a Housing Association still maintain rights over a 100% owned freehold property?

Nuttyneddy

Our house is five years old on a small private estate of 16 houses. We all have covenants saying that if we want to make alterations during the first 10 years we have to ask permission from the builder. It's not been a problem, two houses have been sold on since we've lived here and also two have had alterations made.

CloudCuckooLand

Not impressed by your solicitor. Trying to cover their backside having made a balls-up?

Read your solicitor Ts&Cs and ask to speak to the partner nominated as dealing with complaints. Ask them to review what has been done, or not, so far. To see if you can be confident in what you are being told now.

Worth saying to the HA that imposing this clause at this stage is unreasonable. Their solicitor may have made a balls-up, too. See what they say.

rhubarb1

tamarto wrote: »

Sorry i think you got lost on the way to www.pleasegivemelotsofsympathyandhugz.co.uk

You posted on the House buying renting and selling board, if you wanted sympathy maybe you should have posted elsewhere, so sorry that you don't like what you have been told, perhaps we should tell you what you want to hear, after all it isn't us who live with the results.:j

Oh and i think you need a new solicitor.

Whatever. Like you say, why do you care? You could have saved your fingers typing that and done something useful with your day instead.

rhubarb1

Sorry, just to confirm that the quoted paras are in form TR1 which is the Land Registry Transfer of Title.

These paras are NOT in the original conveyance of 1988.

ILW

To sum up:

There are covenants which you do not like.

Your solicitor seems totally useless.

There is a possibility that the property could be difficult to sell due to outstanding road widening issues etc.

Nobody can tell you to go ahead or pull out, that is entirely your decision.

As said before, I would consider using a different solicitor.

rhubarb1

Ok, to sum up the covenant appears to be unduly restrictive as I have just found out. Normally covenants restrict what you can do to the exterior of the property, not the interior too.

The boundary is an issue we raised with the solicitors back in Nov. We want to make sure the HA cannot reclaim the boundary that they have sold to us for highway purposes. The solicitors say that's up to us to find out.

Yes we do need another solicitor, is it too late to change at this stage and if I did change, how would I go about it?

I would still buy the house still if the boundary was definitely ours and we are assured the HA cannot force us to take down our garden walls or fences so they can widen the road. But if they are hanging onto that much control then they should have kept a 50% stake in the house and not agreed for a 100% sale. I would walk away and wish them luck in selling it.

Thanks for the useful advice many of you have given. As for those who just want to jeer, well it's your time you are wasting, not mine.

ILW

rhubarb1 wrote: »

Ok, to sum up the covenant appears to be unduly restrictive as I have just found out. Normally covenants restrict what you can do to the exterior of the property, not the interior too.

.

That is probably true and they are not going to popping round to see if you have made any internal alterations. It could be an issue on resale though.

tamarto

Who's jeering?

As has been said before it is your choice whether you buy the house or not, as i also said in my first post.

Your solicitor sounds useless which was why i said you should get a new one.

Your first post was all about tearing into the HA, who can say what they like and if that makes the house hard/impossible to sell that is their look out. Really i think you are venting your anger at the wrong person, but here to make you feel better have a <hugz hun>

rhubarb1

tamarto wrote: »

Who's jeering?

As has been said before it is your choice whether you buy the house or not, as i also said in my first post.

Your solicitor sounds useless which was why i said you should get a new one.

Your first post was all about tearing into the HA, who can say what they like and if that makes the house hard/impossible to sell that is their look out. Really i think you are venting your anger at the wrong person, but here to make you feel better have a <hugz hun>

Yes it is my decision but as with all large decisions, it can help to ask for advice and opinion - otherwise what is the point of forums such as this if everyone's answer was "well it's your decision"?

At the time of posting I genuinely thought the HA were being unreasonable and I think they still are with such a restrictive covenant. But I now know that the solicitors should have raised this ages ago. I have not yet spoken to the HA (doing the solicitors job for them) as the man in question never seems to pick up his phone, but the solicitor has told me that I am asking her to go above and beyond what a normal conveyancing solicitor does and then her supervisor phoned with a very bullying tone and told me that it's up to us to find out about the boundaries and any further restrictions relating to them.

So I do feel vulnerable today and sensitive to blunt remarks such as "schools out I see" and "if you wanted sympathy you should have posted elsewhere". I wanted advice - this is why I go onto forums. To get objective opinons and advice even if it may not be what I want to hear, at least I then know where I stand.

It can be intimidating having to deal with solicitors who you presume know more than you, telling you that all this is normal and that you shouldn't be wasting their time asking yet more stupid questions. At least if I can glean some info from here I have something to go back to them with.

Once again, can I ask how I would now go about getting a new solicitor? Do I just telephone one and get all the paperwork transferred? Or do I have to ask the mortgage company first?

Maxjessdru

OP - I completely understand how you feel - I had to pull out of a house purchase at the last minute due to issues which came up at the last minute not brought up by our conveyancer (who I told to shove their bill by the way). I would ask, however, is your conveyancer actually a solicitor or a licensed conveyancer (two completely different things!). If a solicitor, he/she should be well used to answering questions like this and if they can't answer your questions, I would take it up with the complaints/senior partner (will be named on your original letter of engagement). If they are a licencensed conveyancer, I would get the advice of a proper solicitor fast! Good luck and hope everything works out OK for you.