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  • FIRST POST
    • jolester
    • By jolester 9th Apr 18, 10:01 AM
    • 261Posts
    • 82Thanks
    jolester
    Help with outstanding enquiry please
    • #1
    • 9th Apr 18, 10:01 AM
    Help with outstanding enquiry please 9th Apr 18 at 10:01 AM
    Hi,

    Hope someone can help please.

    Our buyers are ready to move into our property, the property we're buying is empty and it appears we're ready to rock n roll apart from the following outstanding enquiry.

    Our vendors solicitor "works as he pleases" as he owns the business, and the only update we've had so far regarding the below is "they're investigating it"

    Our solicitor seems to think it is an easy enquiry to sort, contact land registry, ask them to remove and 48 hours later it's done.

    Our solicitors have said that they could do it on our behalf after we've bought the property

    Would you be happy with that? We're happy for our sol to do this on our behalf after we've purchased if it really is that easy and if there is no other "problem" to worry about with the enquiry

    8.Please arrange to remove entries 2 And 4 from the C Register:
    ENTRY 2
    2 (22.05.2003) The land in this title and other land is subject for a
    term of 1 year 38 days from 2 February 2003 to the rights contained in
    a Lease of Sporting Rights dated 24 February 2003 made between (1) The
    Most Noble Gerald Cavendish Duke Of Westminster, Major Jacinth Rodney
    Haszard and David Edward Dunn Johnson (2) Major Jacinth Rodney Haszard
    and David Edward Dunn Johnson and (3) James Hall and Carol Hall.
    ENTRY 4
    4 (22.05.2003) Option to renew contained in the Lease dated 24 February
    2003 referred to above as therein mentioned.


    Thank you
Page 1
    • silvercar
    • By silvercar 9th Apr 18, 10:06 AM
    • 37,792 Posts
    • 159,101 Thanks
    silvercar
    • #2
    • 9th Apr 18, 10:06 AM
    • #2
    • 9th Apr 18, 10:06 AM
    Assume that entry 2 was to allow a pre-arranged game of polo on the front lawn. That is now history.

    Entry 4 is more interesting, if the option to renew doesn't expire, could the honoured gentlemen renew at any time in the future?
    • G_M
    • By G_M 9th Apr 18, 11:58 AM
    • 45,330 Posts
    • 54,345 Thanks
    G_M
    • #3
    • 9th Apr 18, 11:58 AM
    • #3
    • 9th Apr 18, 11:58 AM
    Impossible to answer without reading the Lease dated 24 February
    2003 to ensure it is fully understood.
    • AdrianC
    • By AdrianC 9th Apr 18, 12:09 PM
    • 18,415 Posts
    • 16,625 Thanks
    AdrianC
    • #4
    • 9th Apr 18, 12:09 PM
    • #4
    • 9th Apr 18, 12:09 PM
    2 is irrelevant in and of itself. It's long-since expired.


    2 is only relevant in conjunction with 4, and is that still realistically exercisable, even in the absence of an expiry date for the option? At least two of the three people named as the first party in entry 2 are dead, and the third appears to be over 80 years old - "sporting rights" are not likely to be high on his agenda.


    The third party's individuals are less easily identifiable, but I presume that they're the ones you would be succeeding in owning the title.
    • davidmcn
    • By davidmcn 9th Apr 18, 12:12 PM
    • 8,544 Posts
    • 9,008 Thanks
    davidmcn
    • #5
    • 9th Apr 18, 12:12 PM
    • #5
    • 9th Apr 18, 12:12 PM
    Even if not realistically exercisable, if the OP is buying with a mortgage then the lender will want to ensure they are buying with completely vacant possession, and no risk of people hunting/shooting/fishing their way through the back garden.

    And any future buyer/lender will probably ask for this to be tidied up, so preferable that the OP gets their seller to deal with the bureaucracy.
    • jolester
    • By jolester 12th Apr 18, 7:56 AM
    • 261 Posts
    • 82 Thanks
    jolester
    • #6
    • 12th Apr 18, 7:56 AM
    • #6
    • 12th Apr 18, 7:56 AM
    Thanks for your responses, the lender is happy to release the funds with this in place as this was in place when our vendors bought the property in 2008.

    Our conveyancer is not concerned with this but her boss isn't completely comfortable with it... with her not being "completely comfortable" could this put the kibosh on us exchanging today?

    Our vendors solicitors said he'd applied to have it removed by land registry in 29th march... it transpires he actually applied 2 days ago
    • davidmcn
    • By davidmcn 12th Apr 18, 8:30 AM
    • 8,544 Posts
    • 9,008 Thanks
    davidmcn
    • #7
    • 12th Apr 18, 8:30 AM
    • #7
    • 12th Apr 18, 8:30 AM
    Our conveyancer is not concerned with this but her boss isn't completely comfortable with it... with her not being "completely comfortable" could this put the kibosh on us exchanging today?
    Originally posted by jolester
    If your lender is happy (has your solicitor confirmed this?) and you're happy you can tell them to go ahead. Unless what your conveyancer is suggesting is that her boss might actually be advising you/your lender not to proceed after all?
    • jolester
    • By jolester 12th Apr 18, 9:16 AM
    • 261 Posts
    • 82 Thanks
    jolester
    • #8
    • 12th Apr 18, 9:16 AM
    • #8
    • 12th Apr 18, 9:16 AM
    If your lender is happy (has your solicitor confirmed this?) and you're happy you can tell them to go ahead. Unless what your conveyancer is suggesting is that her boss might actually be advising you/your lender not to proceed after all?
    Originally posted by davidmcn
    Yes, we've had confirmation our lender is happy with this. Our conveyancer is the one assuring us that there is no issue and with it being an "admin task" with land registry they will happily undertake the removal of this once we're the "owners" if we want them to
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