It was impossible for us to buy our freehold under CE. The main obstacle being the small flying freehold overhang of the house next door over our walkway. Not spotted by our lawyers, who charged us for their assessment, but noted by the valuation surveyor.
Indeed. Plus we have joint freeholders, one of them bankrupt, and the other incommunicado, living abroad, with a mortgage charge slapped on his portion of the freehold that exceeds the TOTAL value of the freehold itself.
We sought counsel's opinion on the flying freehold issue, and they pointed out that we had the right to exercise CE over the (empty) unencumbered freehold property next door. Unfortunately we couldn't afford it (and didn't want it anyway).
It was impossible for us to buy our freehold under CE. The main obstacle being the small flying freehold overhang of the house next door over our walkway. Not spotted by our lawyers, who charged us for their assessment, but noted by the valuation surveyor.