overriding interest questionnaire

[Twiggy]

I'm selling a house as executor.
My solicitor has given me an 'overriding interest questionnaire' and it's entirely unclear how I'm supposed to complete it.
It lists such things as 'drainage rights' and 'rights to graze' then gives me the choice to tick either 'not applicable' or 'applicable' for each question and for the latter the name of any documentation.
There is no 'don't know' option.

I don't think even a normal householder would know the answers to this sort of question, and since I've never had anything to do with the house before now, I don't know either.
Should I presume that since I know nothing, I tick the 'not applicable' column for each, even though that's not quite the same as saying 'don't know'

Comments welcomed (my solicitor seems reluctant to tell me how to fill in the form, presumable in case she introduced some bias)

[des8]

Re: overriding interest questionnaire

I would return the form uncompleted, attached to the following statement:
"I am not aware of any of the listed rights or interests affecting the property"
signed and dated.

Obviously if you are aware indicate the exceptions to your statement.

[R0b]

Re: overriding interest questionnaire

Hello,

You might want to be cautious about just ticking not applicable for everything. What I think your solicitor has sent you is known as an overriding interests questionnaire. I suspect the buyer's solicitor is making enquiries about the property and they relate to any rights that aren't registered or can be easily know e.g. If someone has a longstanding right for 100 years to graze on the land.

if you answer something that you know is not true then you are going to be held liable for misrepresentation which could be the full value of the property.

Your solicitor should be telling you what the form is and it's purpose she doesn't need to tell you how to answer it if she doesn't then she is not providing you with a proper standard of service which is a conduct issue and can be reported to the SRA.

Double check with your solicitor and don't be afraid to ask for more information, Especially if you don't understand.

The link below might assist you as a basic understanding.

https://www.cliftoningram.co.uk/wp-c...tionnaire1.pdf

[Twiggy]

Re: overriding interest questionnaire

Hello,

You might want to be cautious about just ticking not applicable for everything. What I think your solicitor has sent you is known as an overriding interests questionnaire. I suspect the buyer's solicitor is making enquiries about the property and they relate to any rights that aren't registered or can be easily know e.g. If someone has a longstanding right for 100 years to graze on the land.

if you answer something that you know is not true then you are going to be held liable for misrepresentation which could be the full value of the property.

Your solicitor should be telling you what the form is and it's purpose she doesn't need to tell you how to answer it if she doesn't then she is not providing you with a proper standard of service which is a conduct issue and can be reported to the SRA.

Double check with your solicitor and don't be afraid to ask for more information, Especially if you don't understand.

The link below might assist you as a basic understanding.

https://www.cliftoningram.co.uk/wp-c...tionnaire1.pdf

I'd be more than happy to fill in the form as per your link, but the form I've been sent doesn't have the option to be 'not aware of any of the above' ..., it's merely a a tick list with Applicable and Not Applicable for each item.
Maybe the solicitor could use a different form !

[des8]

Re: overriding interest questionnaire

see post 2!

[R0b]

Re: overriding interest questionnaire

As what Des has said.

[Twiggy]

Re: overriding interest questionnaire

So after all that, turns out that the solicitor sent me the form by mistake.

I did wonder since the disclosure of OI's is a matter for the buyer more than the vendor..

[des8]

Re: overriding interest questionnaire

lol