Title absolute

BB.

Hello,


We just got a copy of register of title of the house we are buying and I am a bit confused about the meaning of the word "Vendor" there.


So the current owner who we buying the property of, is listed as Title absolute owner so this will be passed onto us. This means that we have full rights to the property I assume.


However, further down the document, it refers to "Vendor" as if they were a Freeholder:
"the Purchaser shall within 1 month next after being called upon by notice in writing by the Vendor, erect and forever after maintain a good fence..."


Who is the Vendor in this instance?


Many Thanks in advance!

da_rule

Is the property not freehold then?

If this is on the title register (rather than the draft transfer document) then this means that the previous owner had a covenant with the current owner (who is now your 'vendor') that he (the current owner) had to effect a fence within one month of the original owner asking him to do so.

BB.

It was advertised as Freehold. How do I find out for sure?

G_M

BB. wrote: »

It was advertised as Freehold. How do I find out for sure?

it will say: "freehold"!

further down the document, it refers to "Vendor"

No point quoting a few words without the context! Where in the Title does it say this? What does it say before?

My guess (just a guess) is that it is referring to a previous conveyance "dated xx/xx/xxxx") in which someone ('vender') sold it to someone else ('buyer') and in the course of that conveyance they agreed something (a covenant of some kind) which would bind all future owners.

That particular vender/buyer could have been any number of sales ago so 'vender' does not in any way relate o the person you are buying from (your vender).

BB.

It does actually say on this register document that:


"This register describes the land and estate compromised in the title.
1. The freehold land shown edged with red on the plan of the above Title filed at the Registry and being (address of the property)
2. The land has the benefit of a right of way on foot over the passageway at the side".


Does that mean the house and not just land is Freehold?


Apologies for my lack of knowledge in the area!

G_M

" compromised" ?? :rotfl:

"comprised"?

No. 'land' describes everything: house, garden, garage, shed.....

If you look at the Plan you'll see the red line. Everything inside the red line is included in the freehold title.

davidmcn

Your other thread says you're about to exchange contracts - is this the same property you're talking about? Haven't your solicitors explained to you what you're buying?

G_M

thanks david. I do hate these multiple related threads!

https://forums.moneysavingexpert.com/discussion/comment/72217980#Comment_72217980

Yes, you really should have a better understanding of what you're trying to buy if you're that close to exchange.

BB.

The threads are on two different subjects but related to the same transaction. Is that a problem? I would have thought it is better to treat them separately.


It is not like I can sit down with my solicitors face to face and discuss everything, it is even hard to get through to them via phone!


I was pretty sure it was freehold but I thought I would better double check with you guys.

davidmcn

BB. wrote: »

Is that a problem?

It's not a problem (for me), but it seems odd that you're about to exchange without knowing what it is you're buying. And also odd that (assuming the title has come from the solicitors rather than your own research) your solicitors have just sent you a copy of the title without a word of explanation about what it all means. Given you're paying them for advice, why not try to extract some from them?

BB.

Because we are pressed for time and they take ages to respond

The explanation they've given did not say the property was freehold instead they told us to pay special attentions to the conditions there as it may affect the way we use the property, which is what got me worried that the property may not be freehold after all...