Long leasehold sale where f/r is unregistered

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    Long leasehold sale where f/r is unregistered

    Hi - can any body help?

    Trying to sell house with 900 year lease (V low ground rent) - have had the lease for almost years - no problem but buyers solictors insisting that the freehold is registred (current classed as 'good leasehold title' by Land Registry) person we pay ground rent to is longterm ill in hosptial - our solictor says its not legally necessary and offered for us to pay for Good Leasehold Indemity Policy in the event that we cannot prove registred freehold title - but buyers solictors have little experience of dealing with leasehold and are advising clients not to proceed - help!!!!

    #2
    Originally posted by House seller View Post
    Hi - can any body help?

    Trying to sell house with 900 year lease (V low ground rent) - have had the lease for almost years - no problem but buyers solictors insisting that the freehold is registred (current classed as 'good leasehold title' by Land Registry) person we pay ground rent to is longterm ill in hosptial - our solictor says its not legally necessary and offered for us to pay for Good Leasehold Indemity Policy in the event that we cannot prove registred freehold title - but buyers solictors have little experience of dealing with leasehold and are advising clients not to proceed - help!!!!
    Good leasehold is entirely OK. Even Council of Mortgage Lenders agrees.
    Do your leasehold deeds not contain any details of freehold? Look for large (A3 or so) document labelled "Abstract of Title" or "Epitome of Title"; that will adequately prove freehold ownership.

    Purchaser's solicitors should not do conveyancing unless they know how! If they think that they need help from an adult, tell them to contact me direct (jss@netheredgelaw.co.uk) or give me their name/address/DX/reference by private message.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      I agree with Jeffrey - it is a load of silly nonsense. At worst a Good Leasehold Indemnity Policy is needed, and Jeffrey would argue (with some jsutification) that that wasn't really needed.

      Where are the buyer's solrs? They must live a very sheltered life!

      There are thousands of similar long leasehold houses all over towns and cities in the North and there are pockets in other areas such as mine (Southampton/Eastleigh). I get silly questions about this kind of thing from solrs 20 miles down the road in Portsmouth where they don't see them!

      I have a file in front of me at the moment dealing with a very similar case to yours in Southampton and the buyer's solrs (a large factory type firm in Southport) have asked me about management companies and service charges!

      As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients.
      RICHARD WEBSTER

      As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

      Comment

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      • Reply to Less than 50% of freehold
        by AndrewDod
        I think the issue here is not so much the lease (if it is bad, that is a problem) but what the options are when the lease/law are disobeyed (as is commonly the case). Certainly if one is charitable and generous (as you are) and assumes the lease/law will be obeyed rigorously, then the lease is key....
        01-07-2022, 17:52 PM
      • Less than 50% of freehold
        by raskitt
        I have just started conveyancing for a share of freehold flat. The flat is the ground floor of a converted house.

        I have just found out that the other 2 share of freehold flats are owned by the same person (who originally owned the whole building).

        How much of a problem is...
        29-06-2022, 13:28 PM
      • Reply to Less than 50% of freehold
        by Gordon999
        Obviously, my feedback can be wrong. OP 's solicitor should check the terms in the lease are all acceptable before he commits to exchange of contract for purchase of "leasehold flat".

        He should not try to buy a "freehold flat" which does not qualify for mortgage...
        01-07-2022, 17:12 PM
      • Reply to Less than 50% of freehold
        by AndrewDod
        Neither of the above are necessarily true



        Read this forum and the comments already made. Plenty of reason to worry....
        01-07-2022, 12:52 PM
      • Reply to Less than 50% of freehold
        by Gordon999
        If you own a 1/3 rd share in the freehold title , you do not pay ground rent and you can give your flat a statutory lease extension at nil premium.

        The service charge for maintenance of the building should contributed 1/3rd by your flat. If the other freeholder contributes 2/3rds for...
        01-07-2022, 12:33 PM
      • Reply to Less than 50% of freehold
        by flyingfreehold
        another problem with share of freehold is that neighbours can end up in dispute and at each others throats. And having to sue neighbours is most undesirable. Those campaigning for leasehold reform havent gone into print as to how to enforce against leaseholders who refuse to pay. We have one leaseholder...
        30-06-2022, 22:34 PM
      • Reply to Less than 50% of freehold
        by AndrewDod
        No. Your obligations and those of the FH are determined by the lease. When the FH does not obey the lease (or cheats) you have recourse via the courts. If you are part of the freeholder (but with no actual ability to uphold those obligations) you would be taking legal action against yourself. If as...
        30-06-2022, 15:11 PM
      • Reply to Less than 50% of freehold
        by raskitt
        AndrewDod,

        Thank you, my thoughts are going this way. Could you explain briefly why it would be worse? I assume because I'm on the hook for shared costs whereas if I had the same flat but without the freehold I would not
        30-06-2022, 14:40 PM
      • Reply to Less than 50% of freehold
        by raskitt
        Yes that is correct...
        30-06-2022, 14:38 PM
      • Reply to Less than 50% of freehold
        by AndrewDod
        If you own a minority share of the freehold, then true you have no say at all. The freeholder still has to obey the lease and the law though.

        I would not buy it. Owning a minority share in a "share of freehold" situation is far worse than not owning any share at all (and having...
        30-06-2022, 11:54 AM
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