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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 23730
Experience:  Senior Partner at Berkson Wallace
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We are purchasing a property that has 9 restrictions on the

Customer Question

We are purchasing a property that has 9 restrictions on the title. Our conveyor requested legal undertakings, which the seller’s solicitor has indeed provided and our conveyor is happy about this and recommends we proceed. Our conveyor's email confirming this was:“We have received all necessary undertakings with regards ***** ***** restrictions, these are legal undertakings so please rest assured that all is in hand with the sellers solicitor. If the sellers solicitor didn’t have enough funds to pay these off they wouldn’t be able to provide an undertaking. The sellers solicitor pay the charges off on completion, not the seller. It can take up to 6months for the property to be registered in your name, once registered you will be provided with a clear title.”However, not being familiar with the concept of an undertaking, I would like a second opinion, as at the point of purchase and possibly for months afterwards, I still will have bought a property with several restrictions in place. How confident can I be that all these will indeed be lifted shortly after the purchase completion?
Submitted: 10 days ago.
Category: Property Law
Expert:  Stuart J replied 10 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

I will assist with your question but can i ask to know what these restrictions are please?

Customer: replied 10 days ago.
Hi Stuart, can I send them to you via email so that they are not public?
Expert:  Stuart J replied 10 days ago.

You can take the undertaking as being a rock solid guarantee.

An undertaking is quite innocuous document but the ramifications of it are extremely serious and far-reaching.  All you need is a letter from the solicitor with the word “we undertake” and then whatever it is that you are asking for.  In many firms only partners can give undertakings.  A breach of an undertaking is an extremely serious matter.  The solicitor will be severely disciplined for breaching it.

It is that one word “undertake” which is an irrefutable promise.

I would have no problem relying on what your solicitor has told you.  Undertaking is as good as it gets.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 10 days ago.
Thank you, Stuart.
Expert:  Stuart J replied 10 days ago.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
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