You, Residential Property
& Ince, in any case

Our real estate team made an application to Land Registry and asked for an expedited service due to the time-sensitive nature of the sale. The Land Registry quickly raised enquires regarding the death certificate. We also ensured the title was up-to-date and we were able to issue the papers noting only the surviving owner, as requested by our client. 

It was a complex freehold title; the property was on private, countryside land with no public drainage, which meant a number of additional enquires had to be made. Halfway through the transaction, the property’s water tank burst and flooded the property. This resulted in a call to the insurers to assess the damage and advising if they were able to take on the claim. 

Our real estate lawyers advised the client on their options, and found a solution to proceed with the sale despite the flood, on the condition that the insurance claim transferred to the buyer. 

We also advised our client on whether to give the buyer an allowance to account for property damage not covered by the insurance policy (including damage to items such as curtains and carpets), or whether to enter a formal retention agreement.  

As a result, the insurers transferred the claim to the buyer, and our client proceeded with an allowance, rather than retention agreement. Our team was also able to proceed with the transaction to exchange of contracts for a successful sale.