u/Corujadecafe

FTB purchase delayed by Declaration of Trust restriction — normal or red flag?

FTB here and currently very anxious/stressed in the final stages of our purchase 😅 Would really appreciate some opinions from people who have gone through something similar.

We’re buying a freehold house (no chain). Offer accepted in early March. Mortgage approved, surveys done, asbestos survey came back fine, contracts signed, searches completed, etc. Overall the transaction has actually been quite smooth.

For the last couple of weeks, our solicitor kept saying there was “one outstanding enquiry” from the seller side. We finally found out what it is:

There’s a restriction on the title related to a Declaration of Trust from 2016. The seller’s solicitors are waiting for an undertaking/certificate from “Countrywide Tax & Trust Corporation Ltd” confirming the sale complies with the trust arrangement before they can proceed.

This is the wording:

“RESTRICTION: No disposition by the proprietors of the registered estate is to be registered unless one or more of them makes a statutory declaration or statement of truth, or their conveyancer gives a certificate, that the disposition is in accordance with a declaration of trust…”

Our solicitor doesn’t seem alarmed and keeps talking about agreeing exchange/completion dates once this is resolved. Estate agents are also chasing actively and speaking as if we’re in the final stages.

We were hoping for exchange/completion at the end of May, but now I’m panicking a bit because:

  • today is 21st May
  • we still don’t have dates
  • and I have a work trip from 12–22 June, so timing is becoming stressful.

Has anyone dealt with this type of trust restriction before?
How long did it actually take to resolve?
Does this sound like a normal admin delay or something that could seriously derail the purchase?

Trying to stay calm but UK conveyancing is honestly brutal 😭

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u/Corujadecafe — 1 day ago

EICR and CP12 inspection

Hi everyone,

We’re FTBs and currently in the final stages of buying our dream house, a lovely end of terrace built in from 1989.

We recently completed an asbestos survey and the results came back very positive (the only asbestos found was in the roof tiles). Our home survey was also overall very positive.

We had booked gas and electrical inspections because the certificates provided by the sellers are over 10 years old. Unfortunately, the company let us down twice and we ended up cancelling.

Our potential completion date is now only two weeks away, and we haven’t been able to find another company available before then. On top of that, the seller is a 90-year-old lady in very poor health, and arranging access is quite difficult because one of her sons needs to be there to let people in.

We’re now considering doing the gas and electrical inspections after completion instead.

Would this be a major concern for you? Has anyone else been in a similar situation?

Thanks! 🙏

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u/Corujadecafe — 7 days ago