Buying a livery yard for private use

M

MeloveHoofLongTime

Member
Joined
23 April 2018
Messages
18
Visit site
Looking at buying a livery yard

We have stated no livery to be there on completion

If there are any, does anyone know what rights/procedures there are to resolve it? Letting them stay will not be an option

We have given plenty of notice that this would not be acceptable and it must be vacant on possession but fail to plan etc etc

Thanks!
 
To be fair you need to expect the yard to keep their liveries and income until you have exchanged contracts, allow at least 4 weeks to completion so they can give notice to the liveries, it will be in your contract that you want vacant possession and there could be a clause written to cover any that haven't left.
It sounds as if you are worrying about something that is unlikely to be an issue, no liveries will want to stay where they are so unwelcome and you may well find most leave as soon as they know a sale is in the pipeline in order to get the best places nearby.
 
This is what we are hoping, but we won't be able to give 4 weeks between, just 2 - plus we are not the ones they are in contract with, and have told the current owners that they must have nobody there on completion way back in April

Definitely unlikely, but don't want any nasty surprises so seeing if anyone has experienced it :)
 
Do you have an exchange date yet? I am in the process of selling and my liveries are well aware of the situation, they are actually welcome to remain but plan on going as late as possible, this yard may be doing similar and their liveries have made plans but want to stay if possible until they know the sale is going through.
My sale has been dragging on for ages and I still have no exchange date, probably in 2 weeks time was the answer today, you really need to speak to the agent handling the sale and get a clear response from the vendor, you often get further this way than speaking to solicitors who don't always get the point of what you mean.
 
Thank you, date is tentative but not confirmed for 100% yet - won't be long though

As soon as the date is in, I think we will ask solicitor to express term it as condition of exchange

Vendors very well aware that it is a no but they asked about the possibility yesterday which we again said no to, but it got the spidey senses tingling
 
This is too important to do anything other than to ask your solicitor what terms are in the contract and what would happen if there was a breach. I would not rely on any advice from a forum for lots of reasons. Sorry.
 
It's really a question for your solicitor, its no different from buying any house, the contract will state vacant possession on completion and there will be legal remedies in the standard contract if the vendor can't deliver that.

When we bought our place there were cows in the fields when we arrived (unexpectedly) a couple of phone calls and the neighbour farmer popped around and collected them no problem.
Once you have exchanged perhaps go around and speak to the liveries in person to explain that you have now exchanged and will complete on XXX date when the current owner will need to give vacant possession and you need the place empty (to move your horses in - or whatever the reason is).
 
Both very right, solicitor is also aware and we are just ensuring we cover all aspects 'just in case'

We're really not very reasonable people so will not be talking to them directly - the vendor knows and as per your posts, it will be legally bound in the contract

Comforting to know it is not a usual or expected issue though, thank you :)
 
No it’s not unusual .
Vacant possession means exactly that .
And if that means the vendors have no income for a short period that is not your problem .
 
Def one for your solicitor to sort out as a condition of exchange, that all equines, livestock and chattels relating to them as well as personal effects to be removed prior to completion, or from date of exchange.
IF necessary, you might be advised to take out an indemnity (and try to get the vendors to pay for it) as of course your insurance needs to be in place on date of exchange.
 
Vacant possession means 'vacant'. If I were you I would be going to the property on the day of completion but prior to the actual completion to check that it is vacant. If not refuse to complete until it is vacant and there are fines/charges that the vendors will get deducted from the final price. Def a lawyer's job but most important you check for yourself before you pay the final amount. Once you have paid it is much more difficult to get the vendors to sort out.
 
You must log in or register to reply here.
Top