Q&As

A buyer is purchasing part of the title to a property under a possession order from a company. The title to the property has not been transferred into the company’s name. Should this have been done? What protections should be put in place? The buyer’s solicitor also acts for the lender.

read titleRead full title
Produced in partnership with Christopher Snell of New Square Chambers
Published on LexisPSL on 04/01/2018

The following Property Q&A Produced in partnership with Christopher Snell of New Square Chambers provides comprehensive and up to date legal information covering:

  • A buyer is purchasing part of the title to a property under a possession order from a company. The title to the property has not been transferred into the company’s name. Should this have been done? What protections should be put in place? The buyer’s solicitor also acts for the lender.
  • Introduction
  • Registered charge
  • Unregistered charge
  • Protections

Introduction

The protections that must be put in place vis-à-vis the sale of land in the scenario described depend upon whether or not the parcel of land that is being sold is being sold by the company holding a registered or unregistered charge.

Given the reference in the question to the property being sold under a possession order, it has been assumed when answering the question that the company has an interest in the land by way of charge that has enabled it to take possession.

Assuming, for the moment, that the land out of which there is to a transfer of part is registered, it follows that it must presently be registered in the name of a person other than the vendor.

The ven

Related documents:

Popular documents