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Contract before Freehold Transfer

Land, Registered Land, Planning law etc.

Re: Contract before Freehold Transfer

Postby Flattie » Mon Sep 19, 2016 6:20 pm

Thanks. A is reluctant to sign up to a deed of trust. Maintenance is required to the communal rear garden which is of little benefit to the other 2 flat owners as they do not use the garden . Refusing to sign TR1 is placing pressure towards this necessary maintenance taking place(amongst other works). Once the freehold is transferred that pressure evaporates so an enforceable agreement if possible will allow TR1 signature safe in the knowledge necessary maintenance is guaranteed as far as possible.
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Re: Contract before Freehold Transfer

Postby atticus » Mon Sep 19, 2016 6:30 pm

I think the deed letter tcdt mentions is a dead letter.
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Re: Contract before Freehold Transfer

Postby atticus » Mon Sep 19, 2016 6:32 pm

A should avoid placing herself in a position where she can be sued for unreasonably refusing to sign a transfer, thereby causing B loss.
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Re: Contract before Freehold Transfer

Postby dls » Tue Sep 20, 2016 1:43 pm

Imagine the position o any subsequent buyer (of any of the properties) who is advised by a conveyancer acting also for a lender and subject to the standard requirements of lenders. The chances of attaining the right standards without the use of a lawyer with his resources and experience are, I think minimal. The chances are high that the value of each of the properties will be substantial reduced through this sort of cheapskatery.
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Re: Contract before Freehold Transfer

Postby Flattie » Tue Sep 20, 2016 4:44 pm

A professional will be employed for any deed/agreement.
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Re: Contract before Freehold Transfer

Postby Flattie » Tue Sep 20, 2016 4:53 pm

C wishes any agreement/deed to include the contractors we have in mind alongside dates and prices. A believes that small changes could lead to such an agreement failing due to outside influences (such as a contractor reneging) and the arguing would resume.

A would rather have only the written specification for works and order they should take place in any deed/agreement to allow flexibility in case of something going wrong. Also A believes if (god forbid) all failed such a set of written specifications could be used to provide a works plan for a court appointed manager.

Who is correct?
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Re: Contract before Freehold Transfer

Postby atticus » Tue Sep 20, 2016 5:13 pm

C is a lot nearer to the mark, IMO.
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Re: Contract before Freehold Transfer

Postby Flattie » Tue Sep 20, 2016 10:21 pm

A's idea of a contract/deed would allow for s20 consultations etc. Therefore it would possibly be upholdable alongside laws regsrding service charge provisions.

C's would seem to be a binding one off deal as freeholders with certain contractors and commiting freeholders to a route outside landlord/tenant law.

I would very much appreciate a quick summation of why C's position is better.
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Re: Contract before Freehold Transfer

Postby atticus » Wed Sep 21, 2016 5:36 am

C has a better idea of what is needed in a construction contract.
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Re: Contract before Freehold Transfer

Postby Flattie » Wed Sep 21, 2016 7:59 am

Thanks. Would it be inconceivable to sign 2 complimentary contracts. One with the detailed specification required by A, the other with contractors, quotes and dates required by C.

If a lawyer drew up an agreement referring to C's schedule of work, this could simply be copied inserting A's complimentary schedule. Or am I getting too complex.
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