The company secretary is an officer of the company and is holding herself out as having implied authority.
It would appear to be common practice up until now for the secretary rather than director to execute deeds in the presence of a witness. Going forward I would suggest either the secretary is appointed as a director or that the existing director sign deeds.
They are now aware that three of the dwellings fall outside the registered title.
I would have thought this a patent as opposed to a latent defect. Additionally, I would consider this a commercial land sale as opposed to personal use or private investment and so need not be concerned about Consumer Protection from Unfair Trading Regulations.
My client is a mortgagee and through the LPA Receiver, is proposing to sell land at auction.
The land has the benefit of planning permission for approximately nine dwellings, which are now built.
I am acting for a widower, who owns a leasehold property with his deceased wife as tenants in common.
I am trying to remove the deceased proprietor from the property register, but the management company has a restriction on the title requiring a certificate signed by them before any dealing with the land.My question is do the beneficiaries need to consent to the sale, as they will potentially be receiving a smaller amount then they would have received had the property been sold at the full market value?Would I need to see a copy of the will or is that possible none of my concern?In our situation the existing lease expires on 31 December 2038, and the reversionary lease is intended to commence immediately after the expiry of the old lease (that is, so there is no overlap) on 1 January 2039.We are therefore looking into whether this can be achieved by a simple agreement for the lease to be exchanged now which provides for the lease to be completed on (say) 10 January 2018, that is, the term of the lease commences less than 21 years from lease completion.Potentially, other creditors may also lose out if there are other debts owed by the estate.