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Freehold AND leasehold property- covenant restrictions


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finding it tricky to get in touch with freeholder!

 

Is the freeholder:

a. unknown (e.g. not registered at HMLR); or

b. known but just slow to reply?

 

slow to reply ,how long would I have to wait for a reply before taking it to the next step?

It depends on why you contacted the freeholder [F]. If it was

a. to serve Notice of Claim (e.g. seeking to buy the freehold reversion), F has two months within which to reply. This is statutory; or

b. to seek consent (e.g. for alterations), there is no statutory time limit- but anything over a month tends to be considered as unreasonable delay.

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It depends on why you contacted the freeholder [F]. If it was

a. to serve Notice of Claim (e.g. seeking to buy the freehold reversion), F has two months within which to reply. This is statutory; or

b. to seek consent (e.g. for alterations), there is no statutory time limit- but anything over a month tends to be considered as unreasonable delay.

 

looking to buy freehold ,i sent them a letter to inform them i was interested in purchasing the freehold .do you think 2 months is still a reasonable amount of time?

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What if you buy a freehold property and the restrictive covenants state you can't convert the property into flats, do these covenants still apply as you will now be the new freeholder?

Many restrictive covenants were made centuries ago, so surely references to chattel and no grazing etc. on your own freehold land, are obsolete, aren't they?

 

Of course this isn't outdated, people still keep chickens, pigs, goats etc. Part of our land is residential curtilage and part isn't. The part that isn't can be used for keeping animals, grazing etc.

 

We have had two freehold houses with covenants on them. We used to own one built in the 50s and one built in 1992.

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looking to buy freehold ,i sent them a letter to inform them i was interested in purchasing the freehold .do you think 2 months is still a reasonable amount of time?

 

Those letters can sometimes go ignored, you need to properly serve Notice of Claim.

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looking to buy freehold ,i sent them a letter to inform them i was interested in purchasing the freehold .do you think 2 months is still a reasonable amount of time?

 

Those letters can sometimes go ignored, you need to properly serve Notice of Claim.

Yes. There's no obligation to reply to a letter and no consequences for failure to reply.

But a formal Notice of Claim has legal consequences for both the person serving it and the person on whom it is served.

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finding it tricky to get in touch with freeholder!

 

You can check name of current freeholder in the records held at Land Registry Online and buy a copy of the freehold title for your property address . This cost £3 by credit card and you can download the copy to your email address.

 

if there is no contact address, you can advertise in the local newspaper asking Joe Bloggs to contact you .

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Yes. There's no obligation to reply to a letter and no consequences for failure to reply.

But a formal Notice of Claim has legal consequences for both the person serving it and the person on whom it is served.

 

Do you think I should look at getting a solicitor to deal with this or is it something I could do myself .ie a form to fill out through the courts?

If it is a solicitor I need how much will this cost .

Thank you

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You can check name of current freeholder in the records held at Land Registry Online and buy a copy of the freehold title for your property address . This cost £3 by credit card and you can download the copy to your email address.

Yes. Use only the official HMLR website, at https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/

 

---------- Post added 08-02-2018 at 17:44 ----------

 

Do you think I should look at getting a solicitor to deal with this or is it something I could do myself .ie a form to fill out through the courts?

If it is a solicitor I need how much will this cost

Yes, you ought to use a solicitor so as to ensure that the exercise is correctly undertaken.

Apart from any negotiations/Tribunal detour, the cost of the conveyancing work for you should usually be about £600 to £700 + VAT/HMLR fees.

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---------- Post added 08-02-2018 at 17:44 ----------

 

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Yes, you ought to use a solicitor so as to ensure that the exercise is correctly undertaken.

Apart from any negotiations/Tribunal detour, the cost of the conveyancing work for you should usually be about £600 to £700 + VAT/HMLR fees.

 

So I have the name and address of the freeholder,who I have sent a personnel letter hoping to negotiate the sale of the freehold.the lease as 900+ years left with a £6 per annum rent charge.

Apart from the freehold cost Would £600 to £700 be the total professional fees to purchase the freehold ?

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