Legal wording help

[Helski]

Does anyone know if there's anywhere you can go where they can look at a legal document and tell you what it really means?

We have deeds to our house that contain some restrictive clauses which I think have expired now but DH thinks not. We are due to start building work imminently and may need extra dcumentation if this clause is still relevant.

We have a difference of opinion and DH is extremely risk averse to put it mildly so wants it 'checked' before we go ahead.

I have tried contacting our solicitors who did the house move for us but despite sending emails and leaving messages, we have heard nothing from them.

My mum's friend is a solicitor who does conveyancing but they're on hols for 6 weeks

Is there somewhere we could go that won't cost us an arm and a leg and will translate it for us.

TIA

[RealGoneKid]

What does it say?

[Velvet Chain]

I'm not great with legal wording, but I would either post it here and get some Damsels advice (they've been really good with this sort of stuff in the past) or keep phoning your solicitor until you can get to speak to them to discuss it.

[Helski]

It's really involved. There are about 12 pages of legal jargon

The bit which affects us says;

Not at any time hereafter to construct or place any building or other erection on any designated parking space marked P within the property (if any) and not for a period of 5 years from the date hereof to construct or place any additional building or other erection on the property, or alter the external appearance of or make any extrenal alteration in or addition to the Property or to the dwelling (and any garage/carport) erected thereon, or to lay any swers, drains or other conduits on the Property without:-

(a) the previous written approval of the Transferor. The consent or aproval of the Transferor shall be required in addition to any planning or building regulations approval which may also be required and shall not be a substitution thereof and shall not be unreasonably withheld or delayed provided it complies wth the terms of the planning permission pursuant to which the Property was constructed, and all other matters lawfully relating to the Property

The transferor is the managemnet committee I think? It's all a big mess as it was never set up properly. It should have been handed over from the building contractors to the residents of the street but it was never done properly and all the residents who were once involved have now resigned as directors so the management committee has now been dissolved and matters have been transferred to the crown. whatever that means - government? local council?

Ach, such a mess.

I think if we had a letter dated from just after we moved in signed by the residents of the street who were on the managemnet commitee at the time, then surely that would suffice but DH is worried that when we come to sell (not planning to for a long while yet) then we won't have the proper paperwork and his head starts to twitch and heart rate goes through the roof etc etc

I think the bit about 5 years means that all of that is irrelevant now anyway as the houses were built in March 2005 and one of the residents was saying that that clause was put in by the building company so that they had chance to sell all the houses before anyone made any changes.

The lady 2 doors up has already done the conversion that we want to do years ago but DH is still nervous. (and driving me insane )

ETA - gotta do the school run now but will come back on later xx

[donna-j]

Sounds like if it is 5 years on from the date on the deeds then you are fine.

[Damsella]

Well it seems fairly clear that it was only for five years from the date of that contract that building was limited, except for on parking areas.

However your DH probably won't rest until he's got that in writing from a solicitor, so I suggest you just book an appointment with a local one that covers property law.

[DillyDally]

I agree with Damz .

You don't necessarily need to use the same solicitor you used when buying the house (particularly as you are having trouble getting hold of someone!). Any solicitor who does conveyancing will be able to look at it for you and advise.

[RealGoneKid]

Sounds to me like it's 5 years from the date of whatever document that clause is in, so if that was March 2005 then you'll be OK. If you're not getting an answer from the solicitor then I'd either play merry hell (via their complaints procedure, stressing that you are a loyal client and their failure to respond in a reasonable timetable means that you are going to go somewhere else and tell everyone why) or go somewhere else if your DH is insistent that he wants it in writing. Tbh, I'd try to get the first solicitor to look at it, they shouldn't charge you as much (or anything).

[Fiz]

What Damz said, 5 years except for the parking bit (P?).

If you go ahead and you don't have permission, I'd assume that a fee may be payable for retrospective permission. I doubt you'll be told to knock it down!

[Helski]

Thanks so much ladies

The solicitor finally emailed DH back this aft and said that it is just a 5 yr restriction (yay, I was right!! Not that that's important at all )

So, we're good to go - whoop whoop!
:))
Very very very excited to have it finished :))