Urgent HELP -Covenants

LEETOMLIN1984

parking_question_chap wrote: »

Am I missing something? Whats it got to do with the solicitor? Surely they buyer should decide if they are willing to proceed or not.

Generally these kind of covanants are only put on to stop buyers making addition which devalue the value of adjacent properties. Once all the properties have been sold the developer couldnt care less, and they have confirmed as much in writing.

Its because their solicitor i think has put them off and made out its fairly serious

LEETOMLIN1984

G_M wrote: »

but nonetheless if it satisfied the buyers.........

The problem is that depending on the full text, Moat homes may not be the only party benefiting from the covenant.

I can't find anything in the land reg that states neighbours have a right to enforce

parking_question_chap

LEETOMLIN1984 wrote: »

Its because their solicitor i think has put them off and made out its fairly serious

Solicitors are getting worse, they no longer seem to act in the best interest of the people they are paid to represent, all they care about is protecting themselves.

Perhaps go back to basics and ask the solictor who they think are able to enforce on this, other than the developer. Or how other properties have sold on the street if its such an issue.

G_M

LEETOMLIN1984 wrote: »

....The buyers solicitor mentioned that the neighbours could enforce the covenant but i can't find that stated anywhere in the land registry!

Well until we read the docment that created the covenant we cannot comment. The solicitor may well be right. The Title will reference that document and the LR may or may not hold a copy on file.

My solicitor, as i said has more or less washed his hands of it has the buyers solicitor is demanding it be removed completed which is obviously long winded? ...Can moat homes take it out at a cost...?

Your solicitor has done all he can.

Moat Homes have clealy stated they have no interest in doing this.

I'm afraid the best thing you can do is put the property back on the market.

steampowered

It sounds like your property is leasehold, as Moat refer to a freeholder. In that case, you should have a lease?

If Moat sold the freehold, won't the covenant be enforceable by the new freeholder? If so, I wonder if you need to contact the freeholder to get the covenant removed.

It sounds like you need to get legal advice from your solicitor regarding how the covenant can be removed. Go in and see them, or arrange a telephone call.

If you are using a low-cost conveyancing factory, you might need to instruct a proper solicitor instead if you want to save the sale.

LEETOMLIN1984

my solicitors are based in Birmingham, I'm in Kent and to be fair I've lost all trust and confidence in them. I'm going to ring around some local solicitors on Monday! I can't seem to upload any pics on here so i can't even show you all the land reg document which is a shame

patman99

It could be that the house was originally purchased as a shared ownership property which also involved Moat.

Moat would have held the freehold until 100% of the property was purchased by the purchaser. At which point the freehold may have then transferred to the purchaser.

It would be worth the seller checking this out.