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Obtaining the Freehold Advice Please

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  • Obtaining the Freehold Advice Please

    Hi, I recently bought a house which is registered as Leasehold with the Land Registry. The lady I bought the house from has stated that the Freehold was purchased in the 1970s however she could not locate the documents. I also believe that cause it was back in the 70's there was no requirement to register the change with the Land Registry. I don't get any requests for ground rent from the leaseholder however my neighbour does on a regular basis. I have the leaseholders address and am wondering if I should contact them to request a copy of the freehold documents or should I do it through a solicitors???

    I am a bit worried they are going to get me to go through the whole purchase of freehold again!! Also not sure if it is worth the hassle as their is still about 920 years left on the lease..

    Has anyone come accross this before????

    Thanks for any advice, )

  • #2
    Re: Obtaining the Freehold Advice Please

    It is certainly worth finding out what the position is, though with a house and such a long lease it is likely that you insure the building, so there is little scope for any problem if there is an absentee freeholder.

    First, sole terminology: if you own a leasehold house (or flat), you are a leaseholder. The person who is your landlord is usually the freeholder (though sometimes there can be one or more intervening leases). You say your neighbour gets ground rent demands - these are presumably from the owner of the freehold of her house.

    If you don't get demands, it is likely that the freehold for your house was bought by the leaseholder in the past and should have been merged with the leasehold, to give you a freehold title; however, there are reasons why this merger might not have occurred

    You can see whether the freehold purchase in the 1970s was subject to comulsory registration by checking at the Land Registry in respect of your local authority area: Land Registry - Land Registry click on "Customer service" then "Office finder"; change "County" to "District" in the drop-down list and enter the name of your local authority and click "Go". The result will tell you which Land Rehistry office deals with your property and the date from which purchases were subject to compulsory registration

    By all means speak to the Land Registry if the freehold purchase should have been registered, but I suggest you do not contact the likely freeholder without first consulting a solicitor

    I hope this helps
    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


    • #3
      Re: Obtaining the Freehold Advice Please

      Many thanks for your response. Compulsary Registration started in June 1975 so I assume they purchased the Freehold prior to that date. I seem to recall them saying early seventies so that makes sense to me.

      I will pop along to the Citizens Advice Bureau and see what my next step is. Thankyou.