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Can seller change the terms of the Land Registry Title?

2

Comments

  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Jeepers, I'm sure you can work it out... :wink:
    I'm baffled, I have to admit.

    I think you're still missing one important detail.
    The vendor isn't varying anything.
    There is no title to vary for the sale plot until the TP1 goes through.
    The TP1 doesn't go through until the title is transferred on completion of a sale.
    What goes on that TP1 in terms of covenants and restrictions is entirely down to mutual agreement between vendor and buyer.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Jeepers, I'm sure you can work it out... :wink:
    No, I can't (can anyone else?). I suspect you're barking up a wrong tree.
  • Jeepers, I'm sure you can work it out... :wink:

    The only thing I can think of is based on this:
    No paddyz, it's an existing house but one which was originally on a much larger plot - the plot for the house has been reduced and two further building plots added to the original land.

    Possibly Bendy House is considering pulling out of purchasing the existing house, and considering purchasing one of the building plots instead. In which case, as a neighbour to the existing house, they might be affected by the covenants.

    Only a guess, it's really not obvious Bendy House!
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    No, they wouldn't be affected by whatever covenants and restrictions were on a neighbouring plot. Only those on the plot they did go on to purchase... And if that was a newly created title, too, via a TP1...
  • Bendy_House
    Bendy_House Posts: 4,756 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Hi David. Time to check your inbox :-)

    Look, I'm really sorry folks - I'm honestly not trying to be obtuse.

    There is a reason why the vendor added these new covenants, and a reason why he'd remove them again should we pull out - I don't wish to say any more than that at the moment. (I got myself bogged down on a completely unrelated issue on another forum a couple of years back and found I'd ended up giving so much detail that it would pop up on searches on such an issue and the situation could have been easily identified by the protagonists... Paranoid? Moi? :-( )
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There is a reason why the vendor added these new covenants, and a reason why he'd remove them again should we pull out
    I've read your PM, but I think you're still missing the point that until any new covenants get registered by a purchaser following their purchase completing, they won't be "added" anywhere, therefore there'll be nothing to "remove". Still not sure why you'd have any interest in what happens to the property after you pull out.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Look, I'm really sorry folks - I'm honestly not trying to be obtuse.

    There is a reason why the vendor added these new covenants, and a reason why he'd remove them again should we pull out
    So you think they're simply some kind of personal dig...?

    Well, if the vendor is so petulant, why would you want to buy from them?
  • Bendy_House
    Bendy_House Posts: 4,756 Forumite
    1,000 Posts Second Anniversary Name Dropper
    No, not a personal dig, Adrian, but added in order to deliberately scupper the sale.

    I appreciate what you are saying, David - these covenants are not 'added' anywhere except on to the draft TP1 which won't be registered until the purchase is completed - which it won't ever be with these conditions on them. And that's his intention.

    Once we withdraw due to these clauses, he can tear them up - job done.
  • MobileSaver
    MobileSaver Posts: 4,376 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    but added in order to deliberately scupper the sale.

    Once we withdraw due to these clauses, he can tear them up - job done.

    Yes. It sounds like the seller really doesn't want to sell to you or only under his own onerous terms.

    At the end of the day it's his property so who/how he sells to is up to him and there's nothing you can do about it. As AdrianC said at the very beginning "You don't like it, you walk."

    Your only other option would be to get a third-party (rich friend/family member perhaps?) to buy the property without the unreasonable covenants and then they sell it to you but that would obviously be expensive, time-consuming, risky and a bit of a hassle to say the least.
    Every generation blames the one before...
    Mike + The Mechanics - The Living Years
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    No, not a personal dig, Adrian, but added in order to deliberately scupper the sale.
    Yet he didn't just say "Nope, not selling to you"?

    Wouldn't that have exactly the same effect without both of you wasting money on legals?
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