• Can The Contents Of A TP1 Be Changed Without Our Consent

    By Guest on 23rd Mar 2020

    When we bought our house we were issued with a TP1 which amongst other things showed the land which we would have to contribute towards the cost of maintaining. It also stated that on completion of the estate the land would be transferred to a company which would be owned by the residents.
    Despite the estate being finished last March the transfer of ownership has not happened.

    We've now found that the developer has sold part of that land to another developer to build more houses and instructed the management company to no longer maintain that area of land.

    Is the original developer allowed to change the area of land which we pay to maintain and sell off some of that land without our consent?
    Thanks.

  • 1 Answers

    By NotaryExpress on 24/03/2020

    It depends on the terms of the contract. An agreed transfer (TP1) should not be amended without consent. Consider whether your lawyer may have consented to the amendment on your behalf. Consider also whether it is possible the TP1 has not been amended, just an area of land later sold off. The land sold off will still be subject to the covenants in the TP1 but unless the TP1 has a restriction against sale there is nothing to prevent the developer from selling off the land.

    www.notaryexpress.co.uk

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