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INC Law
INC Law, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 15894
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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What happens if one party won't sign a Covenant between two

Customer Question

what happens if one party won't sign a Covenant between two parties in a two flat converted house
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: New buyers cannot get a mortgage as their solicitors want a new Covenant and the party living downstairs wont sign ANYTHING due to a kitchen converstion 13 years ago which they never got told about and despite writing to the Council many times they have been told its done now.
JA: Where is the flat located?
Customer: In a House upstairs in Goring by Sea
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My partner moved in two years ago and decided to sell but he's been told the only way is for a Cash only buyer but if they won't sign at all what happens?
Submitted: 12 days ago.
Category: Property Law
Expert:  INC Law replied 12 days ago.

Hi,

Thank you for your query. I am a Solicitor-Advocate in the UK and will be assisting you with your question today.

Unfortunately, there is nothing you can do to compel the neighbour, other than make an application to the Lands Tribunal.  Whom does not have the power to compel someone to sign a covenant.

I am sorry if this was not the answer you were expecting.

I hope this answers your question. If you have any further questions, please do not hesitate to ask.

Many thanks,

Customer: replied 12 days ago.
does this mean we cannot sell at all - they are Freehold flats. If we had a CASH ONLY buyer does that make a difference OR are we just stuck with no way out??
Customer: replied 12 days ago.
NO thanks
Expert:  INC Law replied 12 days ago.

Hi,

If you have a CASH only buyer, it may not be an issue.  It appears the issue has been raised by a mortgage lender.

I hope this helps.