Reclaiming assigned share of freehold from reluctant landlord

  • Filter
  • Time
  • Show
Clear All
new posts

    Reclaiming assigned share of freehold from reluctant landlord

    We bought a flat from someone (let’s call him A) who owned two flats in the building both originally bought with share of freehold. However, A seems to have been unable to get his share of freehold for the flats because the other freeholder (landlord) in the building, who was supposed to have just 50% share, simply ignored all requests to issue shares in the management company or add him as a Director. Given this situation, our solicitor (who said it was clear that A was entitled to the share of freehold for the two flats) added a rider to our purchase agreement to say A’s share of freehold or (shares in the company holding the freehold for our flat) would be assigned to us. The landlord who now claims to be and behaves as sole freeholder has since shut down the company that held the freehold. He doesn’t send annual accounts or requests for service charge, or respond to written requests for these things (thus, I think, putting him in breach of leases). A has made some effort to retrieve his share of freehold, but without much luck it seems as the “freeholder” just ignores all his communication from solicitors. I don’t think A can afford a full legal battle over this. Against this colourful backdrop, I need to extend my lease. Is it worth pursuing the share of freehold assigned to us or should we give up on that and go for a standard lease extension? Might collective enfranchisement be a good idea? Any and all advice welcome!

    If you have it in contract that a share in the freehold would be transferred to you, you can make an application to the Magistrates Court to issue the share to you. Make an enquiry with the Court's Manager.


      Thank you Gordon999. We have it in writing that the share of freehold that was previously attached to the flat would be assigned to us through the purchase. The issue is that the seller did not reclaim the two shares of freehold for his two flats before selling the one flat to us. However, from what you say, the seller and I could possibly jointly make an application to the Magistrates Court to retrieve both shares of freehold due. I assume that all he will need to show is that he bought the two flats with share of freehold and that the landlord has consistently refused to acknowledge or issue the shares over a number of years.


        The landlord who now claims to be and behaves as sole freeholder has since shut down the company that held the freehold.
        Obtain the register of title for the freehold from Land Registry's web-site at a cost of £3.
        That will confirm who is the current named freeholder.

        If that is a limited company that has been dissolved without a transfer to a private individual then the freehold is now owned by the Crown.

        If there is a named freeholder then there is a possibility that an offence of fraud has been committed if this person did not have the title transferred lawfully by the limited company that would have had Articles of Association in existence that set out how any transfer of land had to be dealt with by the directors of the company.


          Many thanks pilman, that is very helpful. I've checked the title and it shows the freehold is owned by the dissolved limited company. What does it mean that the freehold is now owned by the Crown as you say? Can the seller and I claim our share of freehold from the Crown and if so, how do I find out about the process for doing so? Thanks again.


            i think you have to contact bona vacantia :



              The Treasury Solicitor deals with assets owned by liquidated companies.

              The website is


                There is even a separate site for dissolved companies that owned a Freehold reversion.


                Latest Activity


                • 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 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
                • 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