Who is the freeholder of my property
All four leaseholders have expressed that they are unhappy with the service we have been provided and we feel that we have been taken advantage of by a large company. We feel helpless to do anything and are unsure on what we can do. As Barratts are in breach of their contract do we have grounds to take them to court or start legal proceedings? Where would we begin and how would we go about this? Are you able to give us any pointers please or reccommend a legal representative?
Due to the unusual set up of freehold house but leasehold garden we are struggling to find any concrete guidance online. What if the property is freehold and the land is leasehold? Worried this could be problematic in the future? Hello I have a couple of questions. We live in a flat that was divided into two flats. The property has a shared driveway.
We are all both leaseholders and freeholders. The people living upstairs have sold. Do i need to sign a new contract between us and new owner.
The house once belonged to the people that lived next door but they sold this part of the house. Meaning they had to give part of their garden to the new owners along with a garage. Up until 5 years ago the old lady owned a garage on our property. She sold it exchange for roof repair work to the owner upstairs who in turned sold it to a person living up the road.
Yes unfair as they never asked if we wanted it. So my question is when the old lady owned the garage she had right of way over the driveway to the garage. When she sold the garage i believe she lost all right to drive up or walk up the drive way. The old lady has since died and her niece and her husband were left the house.
The niece has taken to drive up our driveway and use the drive to empty shopping etc i told them you have no right now to come onto our land. He is insistent he has every right. He got an old contract out but when i pointed out that we have a new contract that was made when we bought the flat to extended the year lease. He has a copy of this contract as we gave him one to read, Although he has to access his garden gate by the drive way that is acceptable does he have the right to drive up our driveway and park.
Hope this makes sense. Thank you. Who is responsible for the maintenance of the perimeter fences if say, they are damaged by strong winds, as they run along the rest of properties on a block? We are a group of 6 self contained flats on a long term leasehold. One of the flats has gone up for sale and is being bought to rent which is against what the rest of the occupants desire. Has the freeholder any right to stop the BTR purchase. Dear Tony — This would depend on what was in the lease agreement.
Some stipulate that they cannot be rented out. My daughter bought a house that was originally purchased on a shared basis. However the previous owner had purchased the property and it was registered as a Freehold in their name. My daughter therefore bought a Freehold property. She is now in the process of selling her house but is having problems concerning the Company who manage areas of the estate — the lender to the proposed buyer will not accept some of the terms in their contract.
Can the Management Company have clauses that would prevent a sale. M We feel she will do this often and my daughte rfeels harrassed. The freeholder is spoiling her enjoyment of the property by frequently emailing her. Lately my daughter had to soundproof a bedroom floor before recarpeting. The freeholder is demanding to inspect what is going on and is generally behaving as if my daughter is renting the flat and is behaving illegally, Does the freeholder have the right to peremptorily demand to be let in?
Hi, my house is leasehold with my local council with 57 years remaining. I realise the property is reducing in value but I cannot afford the fees the council have quoted for a freehold conversion. How can I find out the true value of my property as it currently stands as local estate agents could only give me a true market value if it was freehold.
Dear Claire — Initially it might be worth contacting Bonallack and Bishop for some free initial advice on extending the leasehold or buying the freehold and what likely costs should be.
One is for the leasehold which is Title Absolute and the other is for the freehold of the same property again title absolute. I believe a previous owner purchased freehold. My question is can I own both the Freehold and leasehold? Dear Ernie — If the property is question is the exact same premises ie the leasehold is of the whole building, not just a flat within the building and you are registered owner of both the freehold and leasehold, it sounds like the lease has become irrelevant and could be merged with the freehold.
You would need to instruct a property lawyer to document this and make the necessary registrations at the Land Registry. Best of luck! Hi, I own an apartment which has a leasehold that now has a year left.
Having read your guidance I am concerned about the value of the property and the lease reduces. What are my options if I want to keep the property or sell it? Hello, have a read of our guide to extending your lease and if you need more tailored advice, please do consider becoming a member. I own my house my daughter is buying the upstairs and having an extension done.
I i own the house why does she have to have lease hold rather than buying freehold? New build Freehold houses now contain clauses that require permission to make changes to the property. How can these be Freehold, now known as Toxic Fleecehold homes. I was offered less than the market value or I had to move out and the freeholder would pay my rent for over two years.
No arbitration or mediation. Just a summons for Vacant possession with no mention of payment. The time is nearly up. Can I still have arbitration to get Proff of the need for all the works.
A ruse for evicting the tenants to sell their vacant flats. Who owns my flat? I am a freeholder on a fairly new development where the majority of the properties which are all terraced houses are leasehold.
Kind Regards, John. Hi John. In the meantime anyone in the process of purchasing a property will be interested to note that we endorsed the recent Freehold Management Enquires conveyancing form FME1 form. Many conveyancers might not yet know about these standard enquiries. Hello Anna, it seems like that would be a sensible assumption however you could speak to the current freeholder to establish the facts before moving forward.
It sounds like the leasehold would have merged with the freehold in but do speak to your conveyancer to confirm this. My 99 year lease on a land which I built remains 16years of my original lease hold. Unfortunately, unknowingly ground rent has not been paid for almost 30years. I now have two options. Should I pay up the unpaid lease hold in which it will be renewed for another 99years Or sell off and share the proceed with the leaseholder.
What should be the sharing Ratio? Hi Akin, Check out our leasehold guides. I own a freehold property — a house — that is within an estate of relatively new properties, containing a mix of freehold and leasehold, houses and flats. What are my rights? Firstly, have a look at any correspondence you have about the managing agent to see if it gives an indication that the managing agent is a member of an association. Hi, I have a flat in a freehold company comprising 3 flats in Westminster.
One of the freeholders flat owner has been building in her 65 m2 flat for the past two and a half years, disturbing everybody else. She also refuses to sign the Deed of Variation. What can we do? Hi, have a read of our guide on how to deal with noisy neighbours. Is this correct? Hi Gina Who did you speak to about the mortgage? Was it a broker? Get in touch with us and we can look into it for you. I j ust found out that a property I own comes under same title freehold as four others what does mean.
Hi Jim This sounds unusual. Perhaps you have a leasehold interest in your property as do the four others and the leases are created out of this larger freehold title. You could check the position at the Land Registry — all property ownership information is available for a small fee and it should be able to shed light on the situation. If you are still confused, become a member of HomeOwners Alliance and speak to our legal helpline who should be able to clarify things for you.
I am confused as I know on the govt website you can do personal flood plan for free. Hi, I am buying a leasehold flat and the current owners have taken back right to manage which starts on 13th September This is still on the sellers statement and they will not answer emails and calls to remove it. If they never remove it, does it become null and void after 13th September? Also, the owner of the building wants the works to be completed still.
Will they let us build up a pot of money first then get the jobs done when we have the resources or can they demand payment upfront? But reading through the contracts we are to sign it states we only own the freehold interest as there is the missing leasehold interest document. Could you advise me on what the difference is between freehold and freehold interest.
Thanks, Angela. Hi, I own part of the freehold of a multi occupancy building and I am also a leaseholder for our house. We developed the loft space in At this point all the residents in the 6 houses of this joined up building thought we owned our own loft spaces. There are 6 attached houses and 3 flats.
We have now been told the freehold company which I am part of could ask for payment for the developed loft space. Even though no one else can gain access through to our loft we are being told the company own the loft spaces not the individual houses. Could you help me understand my legal rights with this.
Kind Regards. Interestingly, leasehold information for almost all properties in England and Wales is available from the Land Registry website, for a small fee, to anybody. This includes copies of your full Lease document see below : Q: How long is my lease? You can find this information on the first page of your lease document. The lease has a start date and a duration e. Basic information about any Lease including the start date, duration and Title Id is also available online, for a small fee, from the Land registry webpage www.
You will have to register as a user to proceed. The Title Register shows basic information only, it's not the full lease document, but it's a good start point to answer most queries. Q: Where can I get a copy of my Lease? There are 3 ways to do this, depending on your situation. Check your paperwork at home and make sure you weren't given a copy when you purchased your flat you probably were.
First get the Title Id number of your property, which is available from the Leasehold 'Title Register' see above: Q: How long is my lease? Get information about property prices by searching the house price index and the price paid data service. To help us improve GOV. It will take only 2 minutes to fill in. Cookies on GOV. UK We use some essential cookies to make this website work. Accept additional cookies Reject additional cookies View cookies.
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