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Inherited flat with freehold

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  • Inherited flat with freehold

    I really hope someone can help me. My father passed away about two years ago then my mother joined him just after last christmas, so as you can imagine it has all been a bit of a nightmare. I have been granted probate and mum left a will. The estate was left to my brother and I. They owned a victorian converted ground floor flat which we are in the process of selling. My parents and the other two flat owners decided to buy the freehold. The buyers solicitors have stated there is a problem with the freehold as it is not a 'common' freehold and so my brother and i are not actually the freehold owners as our parents are both deceased. I am not very familiar with leases and freeholds, our solicitor says its not a problem but has been a little vague with it all and not the best for keeping in contact and up to date with everything. So I wanted to do a little research myself. I would be extremely grateful for any advice as the whole event is still very emotional. It would be nice to feel more confident when discussing the matter with the solictor and estate agent. Thank you.

  • #2
    I'm afraid you have given no detail to enable a comment to be made. What is "uncommon" about the freehold? Insist that your solicitor explains whatever it is in a way you understand - that is their job! If your solicitor is unable to explain, ask for copies of the correspondence between your solicitor and the buyer's solicitor discussing the problem, and copies of any paperwork referred to - at least you will them be able to post details of what is involved
    This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

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    • #3
      Thank you for your reply. Do my brother and I need to re-register the freehold in our names? Could this be causing problems for the buyers solicitors?

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      • #4
        Had your parents and the other leaseholders actually bought the freehold or were they in the process of doing so? Was it (being) bought in the name of a jointly-owned company or by the three sets of leaseholders direct?
        This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

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        • #5
          My parents had already bought the freehold. It was bought by the three sets of leaseholders direct.

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          • #6
            OK: so your parents' interest in the freehold formed part of theirc estates. Presumably, your father's interest passed to your mother on his death, so the one-third share in the freehold, like the leasehold flat, is part of your mother's estate. It can therefore be sold (with the leasehold flat) by you as your mother's executrix, without first needing to be registered in your and your brother's names
            This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

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