Share of freeholder not signing documents

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    Share of freeholder not signing documents

    Hi,

    We live in/own a top floor Victorian conversion flat and are share of freeholders with the owner of the downstairs property. We notified her in February of our intention to do a loft conversion but the problem was that the loft didn't appear on either lease. We paid for a deed of variation to be drawn up, adding the loft space to our lease, and for a license for alterations. She said she would sign both and had no concerns.

    She then decided to sell her property and has since disengaged from the process. She has found buyers and tells us that she is near to exchanging contracts and that the deed of variation and license for alterations have been passed by her solicitor to the sellers solicitor, but she's had no comments back. We're now nervous about our start on site date in mid-September and need assurances that the new buyers will sign. We don't want to sign over the share of freehold whilst we still have outstanding legal issues with the current owner. Any thoughts as to what our options could be would be very gratefully received!

    Many thanks.

    #2
    Unless there is some documentation which provides to the contrary, you have no obligation to sign the transfer of the freehold interest. Whilst that does not exactly put you in charge it gives you the upper hand as you can simply decline to sign anything until the other freeholder hands over the deed and licence.

    Comment


      #3
      fireinarcade To whom is the roof demised to? To the upper or ground floor flat?

      Comment


        #4
        Babyspice it is currently demised to neither party, it doesn't appear anywhere in the lease (there are a few problems with the lease documentation generally which we are resolving at the same time...)

        Comment


          #5
          fireinarcade other question, who is responsible for repairing the roof? In case the house collapses and needs to be rebuilt who is responsible for rebuilding the roof?

          The roof being a structural part of the house, i am very surprised to hear that the defective lease was not mentioned to u by ur previous solicitor at the point of buying the flat/maisonette.

          One last question, to whom the foundations of the house are demised to? Or is this also not mentioned in the lease?

          Comment


            #6
            And how much did you pay ( or offer ) for adding an extra story to within your "Demise", because it does not come Free.
            Normally, 50% of the increase in property value is the norm.

            Why do you have to buy the loft space
            1) because it is not yours to use
            2) in the same way you bought the flat that was not initially yours to use.
            3) You paid for a deed of variation to be drawn up. That is only paying sollicitors fees.

            The seller has probably been advised that to give away the loft was a mistake.


            Comment


              #7
              Originally posted by Babyspice View Post
              fireinarcade other question, who is responsible for repairing the roof? In case the house collapses and needs to be rebuilt who is responsible for rebuilding the roof?

              The roof being a structural part of the house, i am very surprised to hear that the defective lease was not mentioned to u by ur previous solicitor at the point of buying the flat/maisonette.

              One last question, to whom the foundations of the house are demised to? Or is this also not mentioned in the lease?
              Attics and foundations are invariably not demised to flats and remain part of the freehold estate. Lease will normally specify that the flat owners pay the maintenance though !

              Comment


                #8
                Originally posted by fireinarcade View Post
                Babyspice it is currently demised to neither party, it doesn't appear anywhere in the lease (there are a few problems with the lease documentation generally which we are resolving at the same time...)
                It may well be demised by the operation of section 62(2) of the law of Property Act 1925 - see this thread: https://forums.landlordzone.co.uk/fo...-in-the-lease=

                Whether demised or not, there is no harm in getting the situation clarified. If there are other problems to be resolved and you also need a licence to alter then the only question we need to be concerned with is the one you raised in post 1 on which I have expressed my opinion in post 2.

                Comment


                  #9
                  Originally posted by Section20z View Post

                  Attics and foundations are invariably not demised to flats and remain part of the freehold estate. Lease will normally specify that the flat owners pay the maintenance though !

                  Not correct. I am in the same boat as “fireinarcade” and both roof and foundations have been demised to the maisonettes. The freeholder demised all structural parts of the house to us to insure/rebuild/maintain.

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