Can I get deeds altered?
‘I own a barn conversion with half an acre of garden in a quiet hamlet about five miles from Ashbourne in Derbyshire. It was sold off from the main farm house in 1982. In the deeds it says I can't build in the garden (even if I managed to get planning permission) or sell it off separately. 'Is it possible to get deeds changed - and which way round should I tackle this - attempt to get outline planning permission first, then deal with the deeds or vice versa - or is it a complete non-starter?’
Roger, Derbyshire
Phil says...
‘That is a legal question, which I’ll attempt to answer. It sounds like you’ve got something called a restrictive covenant within the deeds, so it would rather depend on who put it in place and who it is protecting. The chances are pretty slim – you need to contact your solicitor to find out about the restrictions before you do anything else.’
Our ideal house is too much. Should we stick with it?
‘We’ve been searching for the ideal house in the ideal location for over a year now. I am sure we have found the ideal house that would suit us and it’s larger, so we would not have to move again and it will grow with us. Unfortunately, it’s over budget.
'We did put an offer in and it was rejected, as this was £25,000 under the asking price. It was pointed out they want the full asking price or not far off it.
This house is a one-off and these type of houses are normally handed down the family and it’s a rare sight to see one up for sale. I think the vendors have put everything into it so they want everything out and they are in no rush to move either and therefore require full asking price.
'We did put an offer in and it was rejected, as this was £25,000 under the asking price. It was pointed out they want the full asking price or not far off it.
This house is a one-off and these type of houses are normally handed down the family and it’s a rare sight to see one up for sale. I think the vendors have put everything into it so they want everything out and they are in no rush to move either and therefore require full asking price.
Do you think we should stick with it, and try to offer as close as we can to the asking price as possible, to pursue this house (as they this is probably in our view the best house we have looked at in over three years) or offer what we can and move on?’
Lisa
Phil Says...
‘It really depends on whether the asking price is reasonable in this market or not. If it is the house of your dreams you should fight for it and do the best you can to get it.
Negotiation is a process, so allow it to begin and carry on with it. Increase your offer by, say, £5,000 or £7,000. If that gets rejected, ask for a counter offer.
I’d say keep going. Much of the success will be down to the motivations of the vendors – so try and learn all you can about that.’
Can I do structural work on a leasehold?
‘I have owned my period conversion flat for approximately three and a half years and have had a good relationship with my freeholder who occupies the ground floor flat. I would like to convert the loft.
Unfortunately, my freeholder who is in his 80s won’t write a letter approving the conversion. So my question to you is what constitutes structural alterations, precisely?’
Tom
Phil Says...
‘It will be in the terms of the lease - you need your solicitor to check it. A loft conversion is structural work and you would need a freeholder’s consent to do a loft conversion. Some leases are such that the freeholder wouldn’t be able to withhold his consent without undue reason.
The chances are your freeholder will be able to stop you doing it – but anyone commercially minded might allow you to do it if you offer money for it, so you could try that. This is the issue of control, which is why people like to keep the freehold.’
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