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Contract before Freehold Transfer

Land, Registered Land, Planning law etc.

Re: Contract before Freehold Transfer

Postby dls » Fri Sep 23, 2016 3:00 pm

A contract may be enforceable - no real reason why not. The issue is that this is an area with substantial unanticipated and difficult corners.
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Re: Contract before Freehold Transfer

Postby Flattie » Wed Sep 28, 2016 11:33 am

Would a single deed signed pre freehold transfer, and then 'delivered' post freehold transfer tie everyone in?

I will be approaching a solicitor to write the deed but am still in negotiation with the others with regard to what exactly we will be signing up to.
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Re: Contract before Freehold Transfer

Postby theycantdothat » Wed Sep 28, 2016 7:26 pm

Flattie wrote:Would a single deed signed pre freehold transfer, and then 'delivered' post freehold transfer tie everyone in?


That is getting into a pretty obscure zone and introducing unnecessary complications. The conditions which apply to a deed executed in escrow are usually self-evident, for example if you sign a mortgage it is on the understanding that it does not take effect until you receive the money from the lender. If you want a deed to be conditional then say in it what the conditions are and it is all clear. Leaving the conditions out and executing the deed on the basis that it will be delivered when certain condtions not self-evident are fulfilled is not to be recommended. Apart from anything else the contions will have to be clearly set out. If you are going to set them out you may as well put them in the deed.
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Re: Contract before Freehold Transfer

Postby Flattie » Wed Sep 28, 2016 8:15 pm

Thanks to everyone who has commented.

I think my next step will need to be to approach a solicitor for advice.
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Re: Contract before Freehold Transfer

Postby Flattie » Tue Oct 04, 2016 3:04 pm

Hi,

I have consulted a solicitor who has advised me the best way to proceed is for the current freeholders to serve an s20 notice of intention prior to freehold transfer. I then need to confirm the proposed transferee of freehold/leasehold is aware of this prior to transfer.

Does this sound sensible.

If so, since the major works would need to be completed via 2 seperate contractors, would 2 seperate consultations be required or would 1 do. I ask as the Leasehold Advisory s20 Examples focus towards selection of a single contractor.
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Re: Contract before Freehold Transfer

Postby atticus » Tue Oct 04, 2016 6:04 pm

Q1. Yes.

Q2. What does your solicitor say?

The simple point is that your solicitor will have seen leases, correspondence etc. He or she will have a fuller and clearer picture, and therefore is far better placed to help you devise a way forward that will work.
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