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somebody please look at my leasehold and explain

phil_still89
Posts: 2 Newbie
hey, i am buying my first 3 bed house. its a repossessed house that use to be a sheared ownership, so the property is a leasehold. this is really starting to worry me. i would like somebody to have a read through my leasehold doc and tell me if there is anything bad on it and if there would be any reason why i couldn't buy the freehold after i have owned it for two years. the *********** i have put in to replace the address. manny thanks
Title Number : CH499748 This title is dealt with by Land Registry, Birkenhead Office.
The following extract contains information taken from the register of the above title number. A full copy of the register accompanies this document and you should read that in order to be sure that these brief details are complete.
Neither this extract nor the full copy is an 'Official Copy' of the register. An official copy of the register is admissible in evidence in a court to the same extent as the original. A person is entitled to be indemnified by the registrar if he or she suffers loss by reason of a mistake in an official copy.
This extract shows information current on 2 OCT 2014 at 18:59:58 and so does not take account of any application made after that time even if pending in the Land Registry when this extract was issued.
REGISTER EXTRACT
Title Number
Address of Property
Price Stated
Registered Owner(s)
Lender(s)
: CH499748
: 17 Bunbury Green, Ellesmere Port (CH65 9EW)
: Not Available
: GAVIN ROSS ANDERSON and ANTONIA HELEN ANDERSON of 17 Bunbury Green, Ellesmere Port, Cheshire CH65 9EW.
: Santander UK PLC CT Capital PLC
1 of 3
Title number CH499748
This is a copy of the register of the title number set out immediately below, showing the entries in the register on 2 OCT 2014 at 18:59:58. This copy does not take account of any application made after that time even if still pending in the Land Registry when this copy was issued.
This copy is not an 'Official Copy' of the register. An official copy of the register is admissible in evidence in a court to the same extent as the original. A person is entitled to be indemnified by the registrar if he or she suffers loss by reason of a mistake in an official copy. If you want to obtain an official copy, the Land Registry web site explains how to do this.
A: Property Register
This register describes the land and estate comprised in the title. Except as mentioned below, the title includes any legal easements granted by the registered lease but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.
CHESHIRE WEST AND CHESTER
1 (14.01.2003) The Leasehold land shown edged with red on the plan of the above Title filed at the Registry and being 17 Bunbury Green, Ellesmere Port (CH65 9EW).
2 (14.01.2003) Short particulars of the lease(s) (or under-lease(s))
(2) Gavin Ross Anderson and Antonia Helen Roberts NOTE: The lease contains a provision relating to the surrender of the lease in the circumstances therein mentioned
3 (14.01.2003) There are excepted from the effect of registration all estates, rights, interests, powers and remedies arising upon, or by reason of, any dealing made in breach of the prohibition or restriction against dealings therewith inter vivos contained in the Lease.
4 (14.01.2003) The landlord's title is registered.
5 Unless otherwise mentioned the title includes any legal easements granted by the registered lease(s) but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.
B: Proprietorship Register
This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal.
Title absolute
1 (14.01.2003) PROPRIETOR: GAVIN ROSS ANDERSON and ANTONIA HELEN ANDERSON of 17 Bunbury Green, Ellesmere Port, Cheshire CH65 9EW.
2 (12.09.2006) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 31 August 2006 in favour of CT Capital PLC referred to in the Charges Register.
3 (17.03.2011) RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to Link
under which Date Term Rent Parties
the land is held: : 30 August 2002 : 99 years from 25 March 2002 : Variable as therein mentioned : (1) Riverside Housing Association Limited
2 of 3
Title number CH499748
B: Proprietorship Register continued
Financial Limited (Co. Regn. No. 3504939) at PO Box 107, Caerphilly, CF83 9AD, being the person with the benefit of an interim charging order on the beneficial interest of Gavin Anderson made by the Cardiff County Court on 2 March 2011 (Court reference 1XO65029).
C: Charges Register
This register contains any charges and other matters that affect the land.
1 (14.01.2003) The land is subject to the following rights reserved by a Transfer of the freehold estate in the land in this title and other land dated 8 August 2001 made between (1) Ellesmere Port And Neston Borough Council and (2) Riverside Housing Association Limited:-
Rights reserved for the benefit of the retained land and any adjoining and adjacent land in the ownership of the Transferor
13.3.1. The right for free and uninterrupted passage of water soil gas electricity and telephone services over through and along all sewers drains and watercourses pipes wires and cables which are now and which may at anytime within the perpituity period be laid or placed in or under the property to and from the retained land and other neighbouring and adjacent land of the transferor with the rights for the transferor to enter onto the property for the purposes of repairing cleaning and maintenance the sewers drains watercourses pipes wires and cables the Transferor doing as little damage as possible to the property and making good all damage caused by such entry.
13.3.2. The right for the transferor and its sucessors in title and agents and contractors to pass and re-pass over the road to be constructed on part of the property for the purpose of accessing the transferors retained land until such time as such road becomes an adopted highway."
NOTE: The service media referred to are the sewers drains watercourses cables pipes wires and other conducting media serving the property. The retained land referred to lies to the north west of the land in this title.
2 (14.01.2003) REGISTERED CHARGE dated 30 August 2002 to secure the moneys including the further advances therein mentioned.
3 (03.02.2010) Proprietor: SANTANDER UK PLC (Co. Regn. No. 2294747) of Deeds Services, 101 Midsummer Boulevard, Milton Keynes MK9 1AA.
4 (12.09.2006) REGISTERED CHARGE dated 31 August 2006.
5 (12.09.2006) Proprietor: CT CAPITAL PLC (Co. Regn. No. 2168047) of Cassiobury House, 11-19 Station Road, Watford WD17 1AP and of DX 4515 Watford, trading as Central Credit.
End of register
3 of 3
Title Number : CH499748 This title is dealt with by Land Registry, Birkenhead Office.
The following extract contains information taken from the register of the above title number. A full copy of the register accompanies this document and you should read that in order to be sure that these brief details are complete.
Neither this extract nor the full copy is an 'Official Copy' of the register. An official copy of the register is admissible in evidence in a court to the same extent as the original. A person is entitled to be indemnified by the registrar if he or she suffers loss by reason of a mistake in an official copy.
This extract shows information current on 2 OCT 2014 at 18:59:58 and so does not take account of any application made after that time even if pending in the Land Registry when this extract was issued.
REGISTER EXTRACT
Title Number
Address of Property
Price Stated
Registered Owner(s)
Lender(s)
: CH499748
: 17 Bunbury Green, Ellesmere Port (CH65 9EW)
: Not Available
: GAVIN ROSS ANDERSON and ANTONIA HELEN ANDERSON of 17 Bunbury Green, Ellesmere Port, Cheshire CH65 9EW.
: Santander UK PLC CT Capital PLC
1 of 3
Title number CH499748
This is a copy of the register of the title number set out immediately below, showing the entries in the register on 2 OCT 2014 at 18:59:58. This copy does not take account of any application made after that time even if still pending in the Land Registry when this copy was issued.
This copy is not an 'Official Copy' of the register. An official copy of the register is admissible in evidence in a court to the same extent as the original. A person is entitled to be indemnified by the registrar if he or she suffers loss by reason of a mistake in an official copy. If you want to obtain an official copy, the Land Registry web site explains how to do this.
A: Property Register
This register describes the land and estate comprised in the title. Except as mentioned below, the title includes any legal easements granted by the registered lease but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.
CHESHIRE WEST AND CHESTER
1 (14.01.2003) The Leasehold land shown edged with red on the plan of the above Title filed at the Registry and being 17 Bunbury Green, Ellesmere Port (CH65 9EW).
2 (14.01.2003) Short particulars of the lease(s) (or under-lease(s))
(2) Gavin Ross Anderson and Antonia Helen Roberts NOTE: The lease contains a provision relating to the surrender of the lease in the circumstances therein mentioned
3 (14.01.2003) There are excepted from the effect of registration all estates, rights, interests, powers and remedies arising upon, or by reason of, any dealing made in breach of the prohibition or restriction against dealings therewith inter vivos contained in the Lease.
4 (14.01.2003) The landlord's title is registered.
5 Unless otherwise mentioned the title includes any legal easements granted by the registered lease(s) but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.
B: Proprietorship Register
This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal.
Title absolute
1 (14.01.2003) PROPRIETOR: GAVIN ROSS ANDERSON and ANTONIA HELEN ANDERSON of 17 Bunbury Green, Ellesmere Port, Cheshire CH65 9EW.
2 (12.09.2006) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 31 August 2006 in favour of CT Capital PLC referred to in the Charges Register.
3 (17.03.2011) RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to Link
under which Date Term Rent Parties
the land is held: : 30 August 2002 : 99 years from 25 March 2002 : Variable as therein mentioned : (1) Riverside Housing Association Limited
2 of 3
Title number CH499748
B: Proprietorship Register continued
Financial Limited (Co. Regn. No. 3504939) at PO Box 107, Caerphilly, CF83 9AD, being the person with the benefit of an interim charging order on the beneficial interest of Gavin Anderson made by the Cardiff County Court on 2 March 2011 (Court reference 1XO65029).
C: Charges Register
This register contains any charges and other matters that affect the land.
1 (14.01.2003) The land is subject to the following rights reserved by a Transfer of the freehold estate in the land in this title and other land dated 8 August 2001 made between (1) Ellesmere Port And Neston Borough Council and (2) Riverside Housing Association Limited:-
Rights reserved for the benefit of the retained land and any adjoining and adjacent land in the ownership of the Transferor
13.3.1. The right for free and uninterrupted passage of water soil gas electricity and telephone services over through and along all sewers drains and watercourses pipes wires and cables which are now and which may at anytime within the perpituity period be laid or placed in or under the property to and from the retained land and other neighbouring and adjacent land of the transferor with the rights for the transferor to enter onto the property for the purposes of repairing cleaning and maintenance the sewers drains watercourses pipes wires and cables the Transferor doing as little damage as possible to the property and making good all damage caused by such entry.
13.3.2. The right for the transferor and its sucessors in title and agents and contractors to pass and re-pass over the road to be constructed on part of the property for the purpose of accessing the transferors retained land until such time as such road becomes an adopted highway."
NOTE: The service media referred to are the sewers drains watercourses cables pipes wires and other conducting media serving the property. The retained land referred to lies to the north west of the land in this title.
2 (14.01.2003) REGISTERED CHARGE dated 30 August 2002 to secure the moneys including the further advances therein mentioned.
3 (03.02.2010) Proprietor: SANTANDER UK PLC (Co. Regn. No. 2294747) of Deeds Services, 101 Midsummer Boulevard, Milton Keynes MK9 1AA.
4 (12.09.2006) REGISTERED CHARGE dated 31 August 2006.
5 (12.09.2006) Proprietor: CT CAPITAL PLC (Co. Regn. No. 2168047) of Cassiobury House, 11-19 Station Road, Watford WD17 1AP and of DX 4515 Watford, trading as Central Credit.
End of register
3 of 3
0
Comments
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You should remove the names.....
edit: on 2nd thoughts, it's a publicly available document....
It's a fairly standard Leasehold Title. Provided you obtain assurances that all Charges and Restrictions will be removed at Completion, nothing to worry about.
and that is routine in all conveyancing. Don't try to do it yourself. Use a solicitor for whom it is a daily activity.
However, you need to also obtain, and read:
* the lease itself and
* the transfer dated 8 August 2001referred to in the Charges register
Your solicitor will obtain and check these.0 -
This is the sort of thing you should ask your solicitor.
If I tell you it's fine and it's not, you're screwed. If your solicitor tells you it's fine and it's not, he has insurance - and a professional body he doesn't want to be kicked out of.0 -
could you see any problems that would stop me being able to buy the freehold in two years?
i do have a solicitor working on everything, but i have got and paid for this report online today just so i can have a look ahead of time.0 -
This is the sort of thing you should ask your solicitor.
If I tell you it's fine and it's not, you're screwed. If your solicitor tells you it's fine and it's not, he has insurance - and a professional body he doesn't want to be kicked out of.
I think it's understood that ALL advice (wrong word: opinion) offered on the forum is simply each anonymous persons's view.
Some posters here may have more/less expertise/knowledge than others, but identifying which is which is an individual choice. And anyone seeking help here has, at the end of the day, to weigh up the various opinions offered and either act on them or not.0 -
phil_still89 wrote: »could you see any problems that would stop me being able to buy the freehold in two years?
i do have a solicitor working on everything, but i have got and paid for this report online today just so i can have a look ahead of time.
As to whether you could buy the freehold in the future, that depends on whether the freeholder wishes to sell, whether there are other related leases, and standard purchase rights of leases (for more, see http://www.lease-advice.org/ ).0 -
You should remove the names.....
edit: on 2nd thoughts, it's a publicly available document....
You should remove the details. It is publicly available, if you pay, but not fair if someone uses the info just because it has been shown online.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
There is nothing that weird on here. There are two creditors with a charge on here (most likely mortgage and secured debt) that will need to be cleared in the purchase. But that is normal. There are some rights of way for utilities and over a road, which again is normal, although you will want to understand what that means in practice. I.e. A solicitor wouldn't freak out looking at this.
But you are thinking about this the wrong way; this document won't tell you all that much about the property. All the searches, plans, seller's documentation and visually inspecting the site etc. need to be evaluated in context.
It's a bit like asking a doctor to take your pulse and ask if you are healthy on the basis of that alone. It can prove you are alive at least!
As for buying the freehold... Go to lease-advice.org and read the pamphlet on eligibility. There are many rules most of which have nothing to do with anything you would see on a title register. Mostly they are just a few basic criteria and some rare exceptions, but we have no way of knowing what may apply.0 -
The Lease is the key document for a leasehold property. Your solicitor will review this and advise you on the key provisions. Make sure you tell him that you are interested in buying the freehold so he can advise you on this.0
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