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Convenant Consent???
Tr1gger
Posts: 11 Forumite
In 2004 we purchased the freehold interest for our house from Simarc Property Management with the view that buying this would be cheaper than getting permission from Simarc for an extension we where planning and less hassle. We purchased the freehold for approx £1000 + Admin costs. The extension has been built, plans passed okay, and the building regs are all okay.
Now we've come to sell the property and the solicitor doing out conveyancing has wrote to me to say that 'although we are the owners of the freehold interest, but all the covenants which were in the leasehold title have been transferred into the freehold and your purchase of the freehold did not release the covenants' and that we still need covenant consent for the alterations.
The solicitor has decided to disapear, and i can't get in touch with him, and i'm starting to panic with regard to this permission and if this is going to cause the house sale to fall through.
Has anyone any advice, as I don't undertstand a thing about this???
Now we've come to sell the property and the solicitor doing out conveyancing has wrote to me to say that 'although we are the owners of the freehold interest, but all the covenants which were in the leasehold title have been transferred into the freehold and your purchase of the freehold did not release the covenants' and that we still need covenant consent for the alterations.
The solicitor has decided to disapear, and i can't get in touch with him, and i'm starting to panic with regard to this permission and if this is going to cause the house sale to fall through.
Has anyone any advice, as I don't undertstand a thing about this???
0
Comments
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In simple terms, you still needed to have Simarc's permission to build the extension. When you bought the freehold, you should have negotiated with them to have this covenant removed ("released").
The question is, what will Simarc do? It's difficult to know - is this an ongoing development with new properties still being built? Or is it all done & dusted?Warning ..... I'm a peri-menopausal axe-wielding maniac
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Debt_Free_Chick wrote: »In simple terms, you still needed to have Simarc's permission to build the extension. When you bought the freehold, you should have negotiated with them to have this covenant removed ("released").
The question is, what will Simarc do? It's difficult to know - is this an ongoing development with new properties still being built? Or is it all done & dusted?
The development is all done and dusted, plenty of other properties on the estate have had similar extensions built.
What is the likely outcome?0 -
The development is all done and dusted, plenty of other properties on the estate have had similar extensions built.
What is the likely outcome?
Nothing
Covenants like this are usually put in because the developer doesn't want completed houses being improved, when he's still trying to sell the original version for a premium!! :rotfl:
Now though .... they don't care. However, your buyer's solicitor is going to wind the buyer up about this so best to get on to Simarc and see what they will do.Warning ..... I'm a peri-menopausal axe-wielding maniac0 -
Debt_Free_Chick wrote: »Nothing
Covenants like this are usually put in because the developer doesn't want completed houses being improved, when he's still trying to sell the original version for a premium!! :rotfl:
Now though .... they don't care. However, your buyer's solicitor is going to wind the buyer up about this so best to get on to Simarc and see what they will do.
As long as the sale is not going to be affected then i'll be happy!
My worry now is that Simarc have a reputation for taking the p*ss with charges etc, so I'm expecting a stupid bill for permission.0
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