Absent freehold beneficiaries?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Mat1
    started a topic Absent freehold beneficiaries?

    Absent freehold beneficiaries?

    Hi guys, new poster here so forgive me if I get my terms mixed up!


    I have just made an offer on a ground floor flat in a block of 3. A,B and C. Sold as Share of Freehold, no company. We'll call this flat A.


    The owner of flat B died in 2015. The "residue" of her estate including flat B was left to 17 different charities in equal shares. According to the appointed solicitors this was wrapped up in 2017.


    As of today the flat is empty, leaking and obviously not paying anything towards the (minimal) upkeep of the block.


    Am I correct in thinking it's likely the Freehold is now owned by the owners of flats A + C? with the charities maintaining some sort of beneficial interest?

    In practise is this going to be a problem?



    The title still lists the deceased so it appears that none of the charities have taken the lead in regards to taking ownership, selling the property and distributing funds. As I understand a trust would need to be set up. Is this correct? Is there any way to find out if this has been done already?

    Thanks in advance

    Matt


  • leaseholder64
    replied
    If the Land Registry has not updated, it will be held in trust by the executors. The combination of the will and the Land Registry entry should be all that is necessary.

    Note, that they should be paying the ground rent and service charges. Once they have probate, they no longer have any excuse for not doing so.

    Leave a comment:


  • Mat1
    replied

    Is there any way to find out if this is the case (held in trust by the nephews)?

    Assuming this is the case I can't imagine they are particularly incentivised to get this sorted, they had their part of the inheritance 2 years ago.

    Leave a comment:


  • Jon66
    replied
    Yes agree with leaseholder, still held by the executors pending an agreement by all beneficiaries to sell and monies distributed equally. Getting 17 organisations to agree is going to take a while . . .

    Leave a comment:


  • leaseholder64
    replied
    Sounds like the executors have made a mess of this.

    I would have thought the share of the freehold and the share of the lease are still held in trust by the executors.

    Leave a comment:

Latest Activity

Collapse

  • Freehold purchase with flats
    Johno_c
    Hi All,

    This is my first post :-)
    I found this forum whilst I was googling about freehold insurance and thought I would ask you guys for opinions about my purchase.

    So I'm in the process of buying a detached house (built 1911) consisting 2 flats with separate entrances...
    23-10-2019, 22:22 PM
  • What questions to ask your conveyancer?
    ash72
    I know reading the documents will highlight some of the questions, but is there a standard checklist that you should ask your conveyancer?
    22-10-2019, 08:17 AM
  • Reply to What questions to ask your conveyancer?
    leaseholder64
    The main purpose of conveyancers is to issue standard checklists to the seller,so, if you are really going to apply checklists to the conveyancer, maybe you should be cutting them out completely?
    22-10-2019, 09:07 AM
  • Established use right outside demised lease? Help
    Bengt Lagander
    We are looking at a 2 floor freehold with a garden at back of house ground floor which has a long lease on 1st floor. The title plan of long lease clearly shows the demise is at 1st floor only. There is access to the 1st floor from the front.

    However in reality there is a wooden external...
    19-10-2019, 09:35 AM
  • Reply to Established use right outside demised lease? Help
    Lawcruncher
    Whilst the title may may show that the garden is not included in the demise of the first floor, you need to look at the lease to see if any rights are granted over the garden. Such rights could be:

    · An exclusive right to use the garden
    · A right to share use of the garden
    ...
    19-10-2019, 17:04 PM
  • Reply to Established use right outside demised lease? Help
    pilman
    Unless there is an easement referred to within the Lease then constant use of a right of way by a tenant cannot become legal when there is a common landlord of the two properties.

    Someone will need to read through the whole of the lease to find out whether the current situation is lawful...
    19-10-2019, 16:35 PM
  • Fence on either side who own's which
    ash72
    Is there a golden rule, if the deeds to not specify, who owns and maintains the right or left hand side of the fencing? It's a mid terrace house, I always under the impression that the right hand side of the property was your's to maintain. I tried to look on an aerial view and there's five houses in...
    15-10-2019, 14:55 PM
  • Reply to Fence on either side who own's which
    pilman
    It may not seem right, but one end of a terrace will always have responsibility for the end fence or even both fences, unless the side fences erected to separate properties are shown to be party fences in a conveyance. Some of the older paper deeds did use an inward facing "T" to identify...
    17-10-2019, 12:39 PM
  • Boundary dispute
    Pilavas719
    Hello All,

    Thanks for setting this forum up.
    I have been going through a boundary dispute since I moved into our current property a little background below:

    We moved in on the 12th of July 2016 and the following day my next door neighbor tried to moved the fence 12...
    14-10-2019, 14:06 PM
  • Reply to Boundary dispute
    Pilavas719
    Thanks Lawcrancher, I have visited Jon Maynard's website I even had the pleasure of booking an hour consultation with him, he completely agreed that my neighbour was in the wrong. I have probably read everything online about boundary disputes already. I have come across this forum today and thought...
    14-10-2019, 16:04 PM
Working...
X