Missing Freeholder and Head Lease questions

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

    Missing Freeholder and Head Lease questions

    Hi,
    I'm hoping one of you lovely wise people will be able to offer advice.

    I own a leasehold flat and the RTM Company (of which I am a director) would like to purchase the freehold. The flat is one of 5 in a converted building. I've tried everything I can to track down the freeholder but have come to a dead end.

    Bit of history:

    Original lease created in 1892
    Freehold was purchased 1925 but subject to above lease
    Circa 1978 once building had been coverted into flats, sub leases were then granted from freeholder subject to head lease.
    1985 freehold was sold subject to head lease
    1987 - last demand for ground rent. Tried to purchase freehold at the time but company denied owning the property.
    Fast forward to today. Company that brought the freehold has since dissolved but I managed to track down the parent company. They also did a fair amount of research and came to the conclusion that they didn't own the freehold, but were merely long leaseholders and have no paperwork/records, even though the copy of the 'Conveyance of Freehold' clearly shows them on it, with the benefit of the head lease above.

    I'm kind of stuck as to what to do now. Is the only option to go via the courts to try and get the freehold?
    Also, what happens with the head lease as it's owned by a trust - not sure they even know they own it. Silly question, but do we need to buy the head lease aswell or if we own the freehold does that overwrite the owners of the head lease (i.e we can make changes to the building without their permission etc)?

    Thanks in advance.

    #2
    Send an enquiry to the legal advisor at LEASE ( www.lease-advice.org ) .

    Are you still paying ground rent to Head Lessee ? Is the Head Lessee passing the ground rent to the freeholder ?

    The Land Registry Online records for your address will show the name of freeholder and Head lessee . You can purchase a copy of the freehold title to download for £3 by credit card.

    Comment


      #3
      Thanks Gordon999.
      There have been no demands for ground rent since 1987, despite efforts to track down freeholder/lessee. The land registry has no records of the freeholder either. All we have is the one conveyance that shows the freehold was sold to a company in 1985, but the company has no records of it.

      Comment


        #4
        The Land Registry records for the freeholder title for your address , will show name of current title holder. You can visit the Land Registry Online website and buy and download a copy of the freehold title for £3 by credit card..

        If the title holder is a company, you can visit Companies House website and check for latest information on the company.and current registered address . If the company was dissolved the , any property would pass to bona vacantia :

        https://www.gov.uk/guidance/apply-to...reversion-bvc4

        Comment

        Latest Activity

        Collapse

        • Reply to Adverse Possession
          by Lawcruncher
          Unless the neighbour has queried the position of the fence I think that this is something you can quietly ignore.

          The first point to be made when it is suggested that a fence may be in the wrong place is that determining the position of a legal boundary of a property to a matter of inches...
          19-02-2020, 18:23 PM
        • Adverse Possession
          by Ricky G
          I acquired possession of a property 13 years ago. It was an ex council house that had been bought by the tenant. The neighbouring property was still a council property. Its tenant purchased that house 5 years ago.

          Today I discovered that the fence in between the houses is a foot nearer...
          19-02-2020, 12:26 PM
        • Reply to Adverse Possession
          by nukecad
          One foot?
          Is this a coursework question?

          That's a fence positioning / boundary issue.
          By the time you have scaled up the boundayy line drawn on the deeds it will be at least that wide, and often wider if the boundary is drawn in a thick line.
          19-02-2020, 18:16 PM
        • Freehold to Leasehold
          by GriffR
          We're planning on purchasing a freehold block of 4 flats at auction which are currently on one title using a bridging loan initially. The lender wants an in-depth exit strategy which we hoped was going to be as simple as splitting the deeds into 4 leasehold units and obtaining a mortgage on each enabling...
          19-02-2020, 17:45 PM
        • proceed from joint owner property
          by tony2500
          I own a property jointly with my sister. Property is a rented property and im thinking of selling the property. My sister is fine with it as she does not deal with anything and its all my decision although she is a joint owner. My question is when it is being sold, is it possible for me to receive...
          14-02-2020, 10:56 AM
        • Reply to proceed from joint owner property
          by tony2500
          The reason is because I paid the deposit when we bought the house and we agreed that she pays me half deposit back but that didn’t happen. Circumstances changed and my sister was no longer interested in the property although her name is still on mortgage and title deeds.

          it looks like...
          19-02-2020, 14:24 PM
        • Reply to proceed from joint owner property
          by AndrewDod
          You need to say why -

          For CGT purposes you will each still be liable to CGT on 50%

          Splitting the proceeds is a different matter (you are allowed to give gifts)

          You could change the ownership split before you sell, but then you will pay CGT on that change - which...
          18-02-2020, 21:13 PM
        • Reply to proceed from joint owner property
          by tony2500
          I appreciate the detailed explanation of how cgt works. I want to be more specific, in my case I own half of property and my sister the other half on land registry documents as joint tenants (owners). So, when we sell it can we split proceeds on 90:10 basis in my favour. I pay mortgage and manage...
          18-02-2020, 20:49 PM
        • Sales Memorandum at Auction
          by Bengt Lagander
          Does a sales memorandum at Auction subject to standard Auction terms and Special Conditions amount to "exchange of contracts"

          If not what does please? Thanks
          17-02-2020, 21:27 PM
        • Reply to Sales Memorandum at Auction
          by Lawcruncher
          The contract is made when the hammer falls. "A contract made in the course of a public auction" is one of the exceptions to the rule that a contract for the sale of land must be in writing. (Section 2(5)(b) Law of Property (Miscellaneous Provisions) Act 1989). A sales memorandum at an auction...
          17-02-2020, 22:31 PM
        Working...
        X