Changing title deed on a shared freehold after bereavement

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

  • sgclacy
    replied
    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

    Leave a comment:


  • Gordon999
    replied
    LR have fallen behind in registration work.

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

    Leave a comment:


  • gavtro
    replied
    @sgclacy

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

    Leave a comment:


  • gavtro
    replied
    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.

    Leave a comment:


  • sgclacy
    replied
    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

    Leave a comment:


  • gavtro
    replied
    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.

    Leave a comment:


  • gavtro
    replied
    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.

    Leave a comment:


  • vmart
    replied
    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.

    Leave a comment:


  • Macromia
    replied
    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.

    Leave a comment:


  • 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?

Latest Activity

Collapse

  • Reply to Freehold confusion
    by davetg
    Thanks for the reply - both flats have separate 999 year leases so i guess the freehold is of little value. I will look in to TR1.

    I have always insured my flat separately and assumed the other flat was doing the same - is this a problem?...
    24-05-2022, 14:48 PM
  • Freehold confusion
    by davetg
    30 years ago I bought a flat from a friend. The freehold at the time was registered to my friend and the lady who owned the other flat. I understood at the time that I would replace the friend on the freehold but this never happened. This was not a problem until now as when work on the structure of...
    24-05-2022, 14:29 PM
  • Old managing agents accounts
    by jazzythumper
    Since obtaining the RTM and changing the managing agent, we have never been given full accounts / receipts for the previous year(s). We believe that as the old freeholder and leaser holder of one of the flats were represented by the same solicitor that prior to the sale of the freehold, we were subsidising...
    20-05-2022, 11:21 AM
  • Reply to Old managing agents accounts
    by jazzythumper
    Thanks, I’m not sure that has been provided, if it hasn’t can we force them to produce this?

    Would it be a simple case of sending a letter with a timescale to respond and if not received followed by the magistrates route?...
    24-05-2022, 14:39 PM
  • Reply to Freehold confusion
    by Section20z
    1.He will need to sign a TR1 and transfer title to you but it really needs to be done through a solicitor or land registry won't be happy with his ID.
    2. If you have a separate lease on your flat then freehold is not worth much, if not then it's worth what the flats worth at least .
    3. Cost...
    24-05-2022, 14:37 PM
  • Reply to Share of feehold/shared service charges?
    by Stu1020
    Thank you for the response Macromia this is a useful conversation.

    I can see why the current proportion might be justified, I have been paying 38% towards the buildings insurance the last 4/5 years. However, my dispute is now arising because we are unable to move forward with existing covenants,...
    24-05-2022, 08:55 AM
  • Reply to Section 20
    by Anna1985
    The driveway/front garden partially belongs to the freeholder and partially leaseholder. The freeholder's maintenance covered by leaseholders, the leaseholder must keep the property in the state of repair but won't do....
    24-05-2022, 08:23 AM
  • Reply to RTM Hand Over Issues
    by Section20z
    We lost a fair bit of reserve fund when we went RTM but consoled ourselves with the knowledge they would no longer be ripping us off annually.
    24-05-2022, 07:59 AM
  • Reply to S20 - Quotes not valid for long enough for 30 day consult
    by Flatman78
    Thanks Gordon999

    You can see from above reply to Macromia that's your comment wouldn't be relevant to me. there is no managing agent. It's just me (FH) and LH in upstairs flat.
    Thanks for taking time to reply though....
    23-05-2022, 20:29 PM
  • S20 - Quotes not valid for long enough for 30 day consult
    by Flatman78
    Hi LZ Community

    Just wondering if anyone's had/having any issues with S20 and allowing leaseholder 30 days to review estimates, raise concerns etc.

    Building material prices have fluctuated massively since covid and brexit.
    with a combination of Brexit, impact from russia/ukraine...
    23-05-2022, 14:42 PM
Working...
X