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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I am about to lose a sale holiday cottage in Swaledale

Customer Question

I am about to lose a sale holiday cottage in Swaledale Yorkshire because Manorial Rights have been applied another party, my appeal with land registery has been lodged. The cash buyer is probably going to pull out because he has been advised that if he wants to resell at any point in the future a prospective purchaser would not be able to get a mortgage. This is serious as after the buy to let mortgage is paid the balance was to be my pension. Does this mean Im left with an unsaleble property or do you know of mortgage companies that will grant mortgages. Any help/advice you can give would be appreciated, Thank you, ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.

Thank you question.
My name is ***** *****
I will do my best to help you but I need some further information first.
Could you explain a few more details about your position please
Clare
Customer: replied 2 years ago.

during the latter half of 2013 an organisation called Falm Land investments applied with the Land Registry rights holiday cottage which has approx half an acre of land. I should have received notification but have no record of it. It only came to light December last when a holiday maker heard it was up and offered md £320,000 cash some two months prior and their solicitor discoverd the application. My solicitor objected and the organisation have been given until February 10th next to further justify the claim. I owe £200,000 on a buy to lt mortgage and am worried about the implication. The buyer may well pull out as he is concerned that if he tries to sell in the future, potential buyers would not be able to acquire a mortgage because of the Mnorial Rights.

Expert:  Clare replied 2 years ago.

is there any evidence that there are infact any existing manorial rights involved?
Clare
Customer: replied 2 years ago.

No, when I bought the property in 2007 there was none

Expert:  Clare replied 2 years ago.

Have you researched whether the rights do exist though?
Clare
Customer: replied 2 years ago.
No how can I do this .?
My solicitor didn't find anything when I bought the property.
Expert:  Clare replied 2 years ago.

What do you know about the history of the land - who owned in in the last Century - whether it was part of a landed estate - anything like that?
Clare
Customer: replied 2 years ago.

I will look through my records

Expert:  Clare replied 2 years ago.

That would be helpful I look forward to hearing from you
Clare