Joint freeholder refuses to sign

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    Joint freeholder refuses to sign

    I am selling my flat which is one of 2 in a house. Both owners are joint freeholders of the property. The sale has been agreed and we should have exchanged 2 months ago but the other freeholder won't sign the transfer of freehold from me to the buyer. No reason given, just never replies to any letters or phone calls except to say her solicitor is dealing with it. As the original request to sign was last March either she is lying or has a very slow solicitor!!!
    Can I sell without her signing, by retaining the freehold myself? is there a legal way I can force her to sign.
    My solicitor doesn't seem very proactive on this, is it because there's nothing you can do?

    #2
    Does the fellow freeholder live at the other flat? Wherever her location, have you tried physically presenting her with the document to sign?

    Of course you can keep the freehold and sell the lease and vice versa. Does the purchaser want the freehold?

    I'm surprised the purchaser is still interested knowing that their prospective fellow freeholder is mucking around.

    Comment


      #3
      Originally posted by Poppy View Post
      Does the fellow freeholder live at the other flat? Wherever her location, have you tried physically presenting her with the document to sign?

      Of course you can keep the freehold and sell the lease and vice versa. Does the purchaser want the freehold?

      I'm surprised the purchaser is still interested knowing that their prospective fellow freeholder is mucking around.
      Not sure about para. 2: normally, there should be an obligation (covenant) for other lessee OL to join in transferring f/r. The idea is that, if lessee X wants to sell to purchaser Y, X+OL transfer f/r to Y+OL. X then comes off f/r title at same time asleasehold title.

      X could enforce OL's obligation (even by proceedings). However, what if there isn't one?
      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


        #4
        OK, maybe we're both jumping to conclusions. Let's keep it simple.

        JackyT, have you signed anything which obliges you to sell the freehold at the same time as the lease?

        Comment


          #5
          She lets the flat and lives elsewhere. I have tried everything, I even sat outside of her home from 6am until she opened her front door a month ago. She took the form (the fourth she has had) and "promised" to sign, no joy.
          I am amazed the buyer wants to keep going, he has said he will buy without the transfer of the freehold, I wouldn't! The solicitor said this morning he would check if the lease etc. allowed for this.
          Trouble is, when you are selling you give all paperwork to the solicitor so I can't check for myself.
          I signed a transfer form when the other flat was sold last year it transferred from me and previous owner to me and new owner. But have not signed anything else relating to the freehold/lease.
          It has been suggested that it is all a ploy to lose me the sale, so she can buy the flat cheaply.

          Comment


            #6
            Originally posted by JackyT View Post
            She lets the flat and lives elsewhere. I have tried everything, I even sat outside of her home from 6am until she opened her front door a month ago. She took the form (the fourth she has had) and "promised" to sign, no joy.
            I am amazed the buyer wants to keep going, he has said he will buy without the transfer of the freehold, I wouldn't! The solicitor said this morning he would check if the lease etc. allowed for this.
            Trouble is, when you are selling you give all paperwork to the solicitor so I can't check for myself.
            I signed a transfer form when the other flat was sold last year it transferred from me and previous owner to me and new owner. But have not signed anything else relating to the freehold/lease.
            It has been suggested that it is all a ploy to lose me the sale, so she can buy the flat cheaply.
            Ask your solicitor - precisely - "Do the deeds contain a covenant (or any other obligation rule or provision) about the other leaseholder being obliged to join in transferring the freehold reversion?"

            If the answer is "yes", your sol. should write direct to her and threaten litigation unless she co-operates.

            The Transfer for the f/r will be a short (2-oage max.) document quite separate from l'hold.
            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


              #7
              Many thanks everyone for your help. Yes the transfer doc was just 2 pages. I have emailed my sol with the suggestion re. obligation. Hopefully he will find some basis to "force" her to sign. I think he is very wary of any move which could be construed as harassment or threat, even though this has been going on since March. A month ago the estate agent rang her up and asked if she had signed the form and if so, to save her the trouble of posting it, he would pick it up from her, she told him she was reporting him to the ombudsman for harassment. So you can see she is a strange lady.

              Comment


                #8
                Originally posted by JackyT View Post
                Many thanks everyone for your help. Yes the transfer doc was just 2 pages. I have emailed my sol with the suggestion re. obligation. Hopefully he will find some basis to "force" her to sign. I think he is very wary of any move which could be construed as harassment or threat, even though this has been going on since March. A month ago the estate agent rang her up and asked if she had signed the form and if so, to save her the trouble of posting it, he would pick it up from her, she told him she was reporting him to the ombudsman for harassment. So you can see she is a strange lady.
                Yes. This is how it works grammatically:

                I quite reasonably request.
                You quite unreasonably insist.
                He/she/it threatens harassment proceedings (or a brother with a baseball bat).
                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

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