Joint freeholder is selling - help with some issues!

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    Joint freeholder is selling - help with some issues!

    Hi,

    My partner and I jointly own the ground floor flat in a three flat conversion. The three flats are all joint freeholders. The top flat is selling and when they brought the TR1 form for us to sign it states that we all own 1/3 of the freehold.

    This was news to us, when we purchased the flat we were told we were buying 37.5% of the freehold, and the same amount was our share of the building insurance etc (There are two 2 beds and the top flat is a 1 bed). How do we find out what the exact percentages are? Also - if we need to do this through a solicitor can we charge this cost back to the vendor?

    In addition, when we purchased the flat there was only room for one of our names to go on the freehold as the top flat was jointly owned, is it reasonable now to ask that my name goes on it and then leaves one name left for the purchasers of the top flat? Their solicitor is saying that because both the top flats seller's names are on the freehold it means they own 25% each - this cant be right!?

    Any advise gratefully appreciated!

    #2
    You need to refer to the conveyancer who acted on the purchase as the percentage you own should be recorded in the documents.

    Comment


      #3
      yes so one would wish. So often what happens is that A B C D own the freehold with no more than that and therefore terms have to be implied where there is no trust deed declaration or even a memorandum or even a partnership agreement to say who owns what in what proportion. This is problematic when A sells flat 1 to E & F who get added to the freehold and then there is B C D E & F potentially diminishing your supposed share. As LC sais you have to go back to the poor soul who helped you buy it.

      In practice transfer of the FH should not be held up unless there is reason to insist on a % being allocated. is there?
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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