Changing title deed on a shared freehold after bereavement

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

    Changing title deed on a shared freehold after bereavement

    My father owned a flat (a house that had been divided into two flats, with him owning half the freehold, the owner of the other flat obviously owning the other half (I think it might be a reverse freehold)).

    My father passed away and I'm trying to get the title deed updated. The LR have been taking ages (I sent them the AP1, TR1 and ID1 in August!), but they have now come back to me saying that they need a TR1 and ID1 from the other freeholder in order to be able to add me to the register. Is this correct?

    They say that if they don't hear back from me within two weeks (although, it's fine for them to take much longer, seemingly!), then they will treat it as a death of a joint proprietor and refund my fee, presumably removing my father's name, but not replacing it with mine.

    Surely, having seen the certificate of probate, it's a simple case of swapping my father's name for mine, and doesn't need the involvement of the other freeholder?


    #2
    Transfer of the ownership of a lease is never likely to be as simple as just swapping names.

    Are all service charge payments up to date? Are there any 'disagreements' that need to be addressed?

    In may well be that the co-freeholder has no legal basis on which to refuse to allow recognition of a change in ownership, but if there are any issues that need addressing (particularly if your father was in breach of any lease terms) they may well have a right to insist that these are addressed before they recognise the change in ownership.

    Whether refusal to recognise that the flat has changed hands actually means anything in legal terms is another matter entirely.

    Comment


      #3
      You should have completed documents to transfer the leasehold interest to you; and separately the documents to transfer share of freehold to you. It appears from your comments all you need to do now is arrange for the person that owns 50% of the freehold to complete a TR1 and the ID document. Where property is owned jointly the Land Registry cannot change the title without the consent of all owners.

      Is there any issue with contacting the other party and arranging for the relevant forms to be executed?

      In the interim I would write to the Land Registry and ask for an extension of time as you are in the throes of arranging matters with the other party.

      Comment


        #4
        Thanks for your reply. No, there's nothing outstanding - there's no service charge, with any maintenance undertaken on an 'as and when' basis. My father had only owned the flat for a few weeks before he passed away. The other freeholder is aware of the change of ownership and we have worked together to ensure the building is correctly insured.

        Comment


          #5
          The other freeholder is in his 80s and doesn't have a mobile or email address, but I do have a landline number for him, so will try to speak with him tomorrow. And will ask the LR for an extension. Thank you.

          Comment


            #6
            The transfer of the leasehold internet should proceed as you have submitted the correct forms

            the transfer of the freehold will require the other freeholder to sign the TR1 and an ID1 form is required - however life may have got a bit easier since covid 19 and an ID5 can be used in conjunction with ID1 and the other freeholder can have the identification process done on line with no trips to get a photo and seeing a solicitor in person which hitherto made the completion of the ID1 so daunting

            Comment


              #7
              Excuse my ignorance, but what would be:

              "You should have completed documents to transfer the leasehold interest to you."

              What's the process for this? I have only been working on the freehold title, as far as I'm aware.

              Comment


                #8
                @sgclacy

                Thanks. That makes sense. And doesn't sound too daunting.

                Comment


                  #9
                  LR have fallen behind in registration work.

                  https://www.gov.uk/guidance/coronavi...strys-services

                  Comment


                    #10
                    Originally posted by Gordon999 View Post
                    LR have fallen behind in registration work.

                    https://www.gov.uk/guidance/coronavi...strys-services
                    Indeed, lease extensions are taking upwards of year

                    A TP1 - transfer of part - where part of the land in a title is sold off has in a case I am involved with taken 15 months - with no requisitions being made by the Land Registry

                    There is a limit to what can be done working remotely - large swaths of the civil service, court service etc are using Covid-19 to work from home and I am sure they are building a case to carry on once Covid-19 has mutated to a more normal flu - possibly sacrificing pay rises in return

                    Comment

                    Latest Activity

                    Collapse

                    • Reply to on -going leaks
                      by JackBluebird
                      ah i understand, sorry for confusion. As far as I'm aware, there is absolutely no reason to let anyone representing another leaseholder into your apartment. are you obliged to? no.... will your claim hurt if you dont? almost certinaly not... As i understand it she is essentially challenging the survey...
                      19-05-2022, 00:17 AM
                    • on -going leaks
                      by finest1
                      Hi All,

                      The flat upstair has been leaking for some years. The ceiling soon partially collapsed stopping me fro m letting the flat. The leaseholder upstairs kept claiming that the leak was not coming from her flat despite sending them photos of her wet subfloor. I sent a letter claiming...
                      18-05-2022, 17:09 PM
                    • Reply to on -going leaks
                      by finest1
                      Thank you for your response. Sorry if I didn't make myself clear but the freeholder has already sent a surveyor and they are satisfied that the leak has been caused from upstairs.

                      It's the leaseholder who wants to send their own surveyor or architect, and has refused to allow their insurance...
                      18-05-2022, 19:52 PM
                    • Levy
                      by scot22
                      What details must be given in an invoice for a levy ?
                      18-05-2022, 17:43 PM
                    • Reply to Levy
                      by scot22
                      Thanks for reply but doesn't really matter. Issue is what must leaseholders be told about reason and how it is being spent.
                      18-05-2022, 19:45 PM
                    • Reply to Levy
                      by Tipper
                      Can you expand...levy for what?
                      18-05-2022, 19:12 PM
                    • Reply to on -going leaks
                      by JackBluebird
                      On one hand people may argue, the freeholder has rights to access and assess the property in accordance with the lease whenever it is reasonable or essential to do so. However if you initiate the disrepair protocol you will have much more leverage, but it is not for bluffing...


                      ...
                      18-05-2022, 18:17 PM
                    • Reply to Insurance
                      by jazzythumper
                      I’ve managed to get the refund from the previous insurers, which is good, over £1,000 that we wouldn’t have had otherwise in our funds.
                      18-05-2022, 15:51 PM
                    • Insurance
                      by jazzythumper
                      When the freehold of our building was sold, the old freeholder cancelled the buildings insurance which we had paid for in advance through our service charge.

                      A new policy was taken out by the new freeholder. A refund for the previous policy has been given to the previous freeholder but...
                      03-04-2022, 20:24 PM
                    • Breaches of Model Articles
                      by Starlane
                      ram Our articles require a quorum for board and for shareholder meetings. It has come to light after the event that a director has called a meeting on their own and appointed another director, the meeting was inquorate and no members were made aware that this was going on, additionally no meeting has...
                      06-05-2022, 16:02 PM
                    Working...
                    X