BS: House conveyance question - UK only.

Subject: RE: BS: House conveyance question - UK only.
From: GUEST,Mr Guest Red - I cannot tell a lie
Date: 11 Aug 05 - 11:05 AM

Ancient lights are where people cannot take away your sunlight (growing etc) by building

Subject: RE: BS: House conveyance question - UK only.
From: Flash Company
Date: 11 Aug 05 - 10:49 AM

I'm not a legal man(If you see what I mean) but I would think that even under this new Disclosure thing which John Prescott's department is touting, You cannot be held liable for something that happens when Contracts have already been exchanged.

FC

Subject: RE: BS: House conveyance question - UK only.
From: Dave the Gnome
Date: 10 Aug 05 - 11:40 AM

Indeed, jonm. Thanks for that.

DtG

Subject: RE: BS: House conveyance question - UK only.
From: jonm
Date: 10 Aug 05 - 11:00 AM

At the time the search was done by the purchaser, it appears the planning application had not been lodged, so it is their responsibility once the purchase is completed to make objection to the application. Given that the notification arrived after exchange of contracts, their can be no suggestion of complicity i.e. concealing knowledge which might affect the sale.

Solid ground as far as I can see.

Subject: RE: BS: House conveyance question - UK only.
From: Dave the Gnome
Date: 10 Aug 05 - 10:52 AM

Planning department rang back today and said if my Mum wanted to make an objection they would take it into account even though she was moving. Councils eh...

Anyway. Subsequent to that I spoke to her Solicitor and he says, as previously suggested, it is nothing for her to worry about. The letter has been forwarded to the purchasers solicitors and if they want to make any objections they can. The exchange of contracts is still as binding and the completion date should still be the 26th August.

Thanks again for the input.

Cheers

tG

Subject: RE: BS: House conveyance question - UK only.
From: Dave the Gnome
Date: 10 Aug 05 - 09:31 AM

Thanks peeps. Yes there is a deposit lodged and yes she is using a solicitor, so good news on both those fronts. I contacted the planning dept. and they are ringing me back tomorrow.

Nice song:-) What are the "ancient lights" mentioned? I don't think it will be my Mums problem as I expect that the planning department will postpone but it sounds interesting anyway.

Cheers

DtG

Subject: RE: BS: House conveyance question - UK only.
From: GUEST
Date: 10 Aug 05 - 08:49 AM

Song Challenge?

Who put the con in conveyance? Who put the con in contract?
Who put depart, in the town planning department?
Who foots the bill when the building footings - overshadow...

OK Dave I lost the plot there but it has potential.

Just a thought - can you invoke "ancient lights?" Where is the sun pointing?

Subject: RE: BS: House conveyance question - UK only.
From: Richard Bridge
Date: 09 Aug 05 - 08:03 PM

Purchaser's problem. A matter for his local search.

Mind you I have not done conveyancing since 1976.

All liability is excluded, etc.

Your mother's solicitor should advise. If she used a licensed conveyancer in order to save money, more fool her. I am about to advise a client of mine to sue a licensed conveyancer who screwed up her purchase.

Subject: RE: BS: House conveyance question - UK only.
From: Mr Red
Date: 09 Aug 05 - 05:11 PM

Isn't there a deposit involved with exchange of contracts? 10% seems to spring to mind. It's hers if the buyer backs out surely.

Worth a thought - ask the solicitor if that is the case.

As long as it is England and Wales. Scotland has different laws (=transporting) and I assume NI too.

Subject: BS: House conveyance question - UK only.
From: Dave the Gnome
Date: 09 Aug 05 - 03:04 PM

I know this is a question for the solicitor but as we seem to have a good sample of everyone on the 'cat I thought I'd ask... ;-)

My Mum is moving house. She wouldn't thank me for giving her age but considering I am 52 it might give you some idea. It is, for obvious reasons, a very fraught time. She has sold the house after a long struggle and is moving into rented accomodation until she can find somewhere else. (Thanks to another member of the folk world the rented accom is just what she needed btw!) I say sold - it is very nearly sold. The contracts were exchanged yesterday and the completion should take place on the 26th.

Blow me, yesterday a letter from the council planning department lands on her step out of the blue. The next door neighbour, who himself has just moved in, has appled to build a full height extension going 12' back which will take light from the back of the curent house. If she was stopping she would object and probably will anyway. Her big worry is that the purchaser now has recourse to back out!

I understand that once contracts have been exchanged it would be very difficult to back out but, here is where the question lies, does anyone know whether this type of thing would be valid reason for the purchaser to breach the contract? Date wise what happened is that the letter was typed on Friday the 5th. The contracts were exchanged on Monday the 8th. The letter was posted on Monday the 8th and arrived today, Tuesday the 9th.

I am calling in both the solicitors and the town planning department tomorrow so any advice before then would be most welcome.

I guess it could be open to a song challenge as well:-)

Cheers

Dave the Gnome