united-kingdom real-estate residential-lease
UK Buying house with lease on car port. Solicitor won&#39;t proceed
<p>I am buying a freehold house with two parking spaces. One is under a coach house so I'm getting a 999 years lease for that.</p>

<p>My solicitor affirms we cannot proceed with the purchase because the builder has pre-registered the lease on their name so won't be able to provide the title until the registration is complete (likely to take months).</p>

<p>According to the seller this is the standard procedure and they have sold "hundreds of houses like that".</p>

<p>Who is right?</p>

<p>Likely they both are right.</p>

<p>Your solicitor is stating what he believes to be the correct legal position. He is making sure that if you have to turn to the courts for any reason you are protected.</p>

<p>The builder probably has sold many properties this way. The fact that it may not be strictly legal has never been an issue because there has never been a dispute.</p>

<p>I personally can't see a problem with drafting the contract so that settlement on the leased part is a futures contract, contingent on the registration coming through.</p>
