Title absolute

da_rule

I think you're confusing "title absolute" with the type of interest (freehold/leasehold). All title absolute means is that, with the exception of matters contained in the title document, the property is sold free of any incumbrances. This can be either freehold or leasehold. There are different classes of title besides absolute, such as possessionary (where someone has claimed the land via adverse possession).

As has been said, when the Land Registry use the word 'land' they include everything on it (unless they exclude a certain part of the land). They are a registry of land, not houses/buildings.

In terms of the fence issue, there should be a date next to it, or a reference to something along the lines of "in a transfer dated XX". The references to vendor and purchaser will be construed in the context of that transfer. As this is a positive covenant (requires someone to do something), it does not run with the land, therefore, if the current seller hasn't erected the fence (because he hasn't been asked to), then they will have to draft a clause in the transfer document to pass the liability on to you.

Your solicitor should be checking whether the fence has been constructed (you may know this from viewing the property) and if not, has a request been received or not. If a request has been received, the title could be defective, so the seller should provide indemnity insurance.

BB.

Thank you Da_rule! It all makes sense now!

G_M

BB. wrote: »

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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!


......

Note to others:

this is one reason not to use the cheapest online conveyancer you can find.

This may be a moneysaving site, but sometimes you save more money by paying a bit more.

And even if you don't save money, you save yourself time, anxiety and work (to which you could, if you were wise, attach a monetory value).

BB.

G_M wrote: »

Note to others:

this is one reason not to use the cheapest online conveyancer you can find.

This may be a moneysaving site, but sometimes you save more money by paying a bit more.

And even if you don't save money, you save yourself time, anxiety and work (to which you could, if you were wise, attach a monetory value).

On what basis are you assuming this was the cheapest solicitor I could find?


Nor they are online only. They have an office not far from where we live actually but it is not very convenient to meet since we work office hours - same as them.

sparky130a

BB. wrote: »

On what basis are you assuming this was the cheapest solicitor I could find?


Nor they are online only. They have an office not far from where we live actually but it is not very convenient to meet since we work office hours - same as them.

I'm sorry but you've been obtuse in both your threads.

You really need to get at said solicitor.

BB.

Was I really, sparky130a?? I merely responded to the questions that were asked of me overnight and this morning. What is wrong with that?


And as for this one... if someone is suggesting that cheap online convincing firms should be avoided at every expense, WRONGLY using my case as an example, it is my duty to clarify the situation.


BTW, I am waiting for a call back from the solicitor so there isn't much more I can do. I may as well respond to you :rotfl: