Land tenancy agreement transfer?

jussterr

I am in the final stages of a house purchase. The house is a freehold property with a garden that backs up against a canal. The strip of land at the rear of the garden by the water is let out to the owner of the property by British Waterways Board. The Tenancy Agreement states that it is non transferable but the other side have told me that the Board are prepared to transfer it. This was a week ago and we are due to exchange in the first week of October but they have still not made it clear exactly how will should proceed with this matter and seem to want to exchange and follow up with paperwork later.

My concern is that once the purchase is completed they will be under absolutely no obligation to help me in transferring the agreement. I will have paid for a house with a waterfront garden but the strip by the water will not be mine to enjoy!

Does anyone know the ins and outs of this sort of thing? If I go ahead with the purchase, can I contact the Board myself and get a transfer? Obviously I will be the owner of the property so there'd be no reason for them not to give me the lease but my solicitor cannot advise me anymore on the matter.

Fire_Fox

What does your conveyancer say? Have they contacted British Waterways?

jussterr

Fire_Fox wrote: »

What does your conveyancer say? Have they contacted British Waterways?

The conveyancer basically said there's no reason we can't simply take out a new agreement with British Waterways since only the homeowner can be leased that area. I don't think he has confirmed this with BW but I will chase it up on monday myself.

The vendor is rushing us for a fast exchange because he has other buyers in mind. It's been a bit of a nightmare to be honest. :eek:

G_M

The land is non-transferrable so the vendor, and his solicitor, can do nothing.

It is up to you to negotiate with British Waterways (now Canal And River Trust) to negotiate a new tenancy.

Contact the relevant regional office. Where is the property?

jussterr

G_M wrote: »

The land is non-transferrable so the vendor, and his solicitor, can do nothing.

It is up to you to negotiate with British Waterways (now Canal And River Trust) to negotiate a new tenancy.

Contact the relevant regional office. Where is the property?

Thank G_M. The property is in Bow, East London. I assumed the vendor and his solicitor were simply trying to get the exchange done faster by telling me that they would help me transfer after completion.