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Freehold Nightmare!

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  • Freehold Nightmare!

    Hi - I am new on here and really don't know where else to turn. Am really hoping someone can help.

    I own a flat (flat 2) which I have a mortgage on and it is sub-letted at the moment which my mortgage company are fully aware of and have authorised. The flat is one of 3 in a 1910 converted house. The problem is when the top floor flat (flat 3) was sold about 10 years ago the vendor simply gave the Freehold to the purchaser instead of putting it in the name of the Management Company. This is therefore preventing myself and the other flat owner (flat 1) from selling our properties through no fault of our own. The owner who now has the Freehold (flat 3) has been contacted in the past by numerous solicitors to try and put this right but he will not listen at all as he thinks he has something of value and is not willing to budge on the matter. The owner of Flat 1 tried to sort this problem out a few years ago by going to Solicitors but the legal costs were becoming that big and the case didn't seem to be getting anywhere that she had to drop the case. We however are still stuck with not being able to sell our properties. I would be very grateful for any help and advice you can give.

  • #2
    Re: Freehold Nightmare!

    If you bought your flat after the Flat 3 owner gave away his freehold why didn't your solicitor spot that the whole building was not owned by the same freeholder? You might have a claim against him.

    If you bought and then the owner of Flat 3 gave away "his" freehold then he would have needed your signature to do so - so why did you agree?
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.