• Covenants And Transfer Of Equity

    By Guest on 20th Nov 2015

    Please help. I bought a house with my 2 parents but now they have moved out we have all agreed to transfer the deeds (and mortgage) to just me, with no money exchanging hands (as I paid the deposit and I have been paying the mortgage myself). There is a mortgage of £68000 remaining and my mortgage provider has agreed that i can take on the mortgage on my own, they are just waiting for the e TR1 form from my solicitor. My solicitor has been ignoring me for weeks, I finally heard from him and he is struggling to understand the covenant on the title document. He says there are no restrictions on the title documents however is saying he can’t work out from the covenant if I need to seek permission from the council because it says permission needs to be sought to lease, sell or dispose of undeveloped land. He wants to charge a load more to find out; however I rang the solicitor I used when I bought the house and they assured me there was nothing complicated and nothing that would affect an equity transfer. They went as far as to say the solicitor in question should not be in the profession if he does not understand such a simple thing.
    Should a covenant relating to the disposal of undeveloped land affect me taking my parents off the deed? I wouldn’t have thought my house/garden/garage counts as undeveloped land?

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