Help- restriction on title

pinkcheshirecat

It appears I should not have asked the question.

Thanks

Davesnave

Why should an overage clause be ignored because no payment is involved?

An overage is a legal restriction on a title. One cannot just pick and choose which particular parts of the rights and restrictions conferred with a property should apply, especially when the beneficiary in this case appears to be alive.

Presumably you have a solicitor dealing with the purchase, so I'd take their advice, which you're paying for. Sadly, the advice of random strangers on the internet, like me, won't have any bearing on the matter.

G_M

You do yourself an injustice Dave.

Your 'random advice' was spot on, and helpful.

Slithery

Original post...

pinkcheshirecat wrote:

We are buying a piece of land as part of a house purchase. There is an overage restriction in favour of a former owner, which states we need a certificate from him in order to complete.

This is proving a little difficult, for a variety of reasons. As no payment is due on the overage agreement, can we apply to have the restriction amended, and how long would this take? The current agreement allows only him, his solicitor or representative to give permission.We aren't trying to do anyone out of anything they are owed( nothing is owed) , just this is the only item left - our whole chain is ready to exchange and he has now gone away for an as yet unknown period of time- does anyone have any advice?

Thanks

Pink

Davesnave

pinkcheshirecat wrote: »

It appears I should not have asked the question.

Not at all; your question was as valid as anyone else's, but you should leave it there, because matters discussed often come up in Google and site searches, which helps others.

Sorry if I was rather brusque. Nothing personal....we're all just pixels here.