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Am I Leasehold or Freehold

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  • Am I Leasehold or Freehold

    There is some confusion around the property I'm buying. The current owners are selling it for their deceased mother and they had a copy of some sort of ground rent that is being paid. I automatically assumed it was a leasehold property.

    There are copies of two register extracts. They clearly say freehold.

    They are;

    Address of Property : 10
    Price Stated : Not Available
    Registered Owner(s) : NAME of 10
    Manchester.
    Lender(s) : None
    A: Property Register
    This register describes the land and estate
    comprised in the title.
    GREATER MANCHESTER : OLDHAM
    1 (15.05.1969) The Freehold land shown edged with red on the plan of
    the above Title filed at the Registry and being 10
    2 The mines and minerals together with ancillary powers of working
    are excepted with provision for compensation in the event of
    damage caused thereby.
    3 The Conveyance dated 7 May 1936 referred to in the Charges
    Register contains provisions as to light or air and boundary
    structures.
    4 The land has the benefit of but is subject to the mutual rights of
    way granted by a Deed of Grant dated 10 July 1969 made between (1)
    NAME and (2) Albert Anthony Barber and Margaret
    Barber.
    NOTE:-Copy in Certificate.
    B: Proprietorship Register
    This register specifies the class of title and
    identifies the owner. It contains any entries that
    affect the right of disposal.
    Title absolute
    1 (15.05.1969) Proprietor: NAME of 10
    C: Charges Register
    This register contains any charges and other matters
    that affect the land.
    1 The land in this title with other land is subject to a perpetual
    yearly rentcharge of £11.16s.4¨d. created by a Conveyance dated 10
    December 1935 made between (1) Mabel Newton Hare and (2) George
    Oliver Wright.
    The said Deed also contains covenants.
    NOTE:-Abstract issued with Certificate. Copy filed under LA127651.
    By the Conveyance dated 7 May 1936 referred to below the land in
    this title was informally exonerated from this rentcharge.
    2 The land is subject to the rights reserved by the Conveyance dated
    10 December 1935 referred to above.
    3 The land in this title is subject to a perpetual yearly rentcharge
    C: Charges Register continued
    of £4 created by a Conveyance dated 7 May 1936 dated (1) George
    Oliver Wright (2) The Skipton Building Society and (3) Arthur
    Dugdill Robinson made between Original issued with Certificate.
    Abstract filed> Rentcharge registered under LA345051.,
    The said Deed also contains covenants and reservations.
    NOTE: Copy in Certificate.
    End of register
    &

    REGISTER EXTRACT
    Address of Property : 12
    6
    8
    10
    14
    16
    18
    20
    Price Stated : £2,750
    Registered Owner(s) : SECURE EQUITY ASSETS MANAGEMENT LIMITED (Co. Regn.
    No. 4176637) of Hawthorn Dene, School Lane, West
    Hill, Ottery St. Mary, Devon EX11 1UP.
    Lender(s) : None
    A: Property Register
    This register describes the land and estate
    comprised in the title.
    GREATER MANCHESTER : OLDHAM
    1 (17.04.2007) The several perpetual yearly rentcharges charged upon
    and issuing out of the several parts of the freehold land shown
    edged with red on the plan of the above Title filed at the
    registry. Short particulars of the rentcharges are contained in
    the Rentcharges Schedule.
    2 The land out of which the registered rentcharges issue are subject
    to a prior yearly rentcharge of £11 16s. 4¨d. created by a
    Conveyance dated 10 December 1935 made between (1) Mabel Newton
    Hare and (2) Oliver Wright.
    NOTE: Abstract filed under LA127651
    The Conveyances referred to above contain informal exonerations of
    the land respectively thereby conveyed from the said rentcharge of
    £11 16s. 4¨d. and a power of retainer of the registered rentcharge
    in case of default.
    3 The mines and minerals are excepted.
    Schedule of registered rentcharges
    1 Rentcharge sum : £4
    Payable on : Half yearly on 24 June and 25 December
    Property description: 6
    Nature of deed : Deed
    Date of deed : 24 March 1936
    Parties : (1) George Oliver Wright
    (2) The Skipton Building Society
    (3) Priscilla Taylor
    Plan Reference : No. 1 on the filed plan
    2 Rentcharge sum : £4
    Payable on : Half yearly on 25 March and 29 September
    Property description: 8
    Title No under which
    Nature of deed : Deed
    Date of deed : 22 May 1936
    Parties : (1) George Oliver Wright
    (2) The Skipton Building Society
    (3) Ada Mellor
    Plan Reference : No. 2 on the filed plan.
    NOTE: Copy filed
    3 Rentcharge sum : £4
    Payable on : Half yearly on 25 March and 29 September
    Property description: 10
    Title No under which
    land is registered :
    Nature of deed : Deed
    Date of deed : 7 May 1936
    Schedule of registered rentcharges continued
    Parties : (1) George Oliver Wright
    (2) The Skipton Building Society
    (3) Arthur Dugdill Robinson
    Plan Reference : No. 3 on the filed plan.

    4 Rentcharge sum : £4
    Payable on : Half yearly on 25 March and 29 September
    Property description: 12
    Title No under which
    Nature of deed : Conveyance
    Date of deed : 26 May 1936
    Parties : (1) George Oliver Wright
    (2) The Skipton Building Society
    (3) Albert Wright
    Plan Reference : No. 4 on the title plan.
    NOTE: Copy filed
    5 Rentcharge sum : £4
    Payable on : Half yearly on 24 June and 25 December
    Property description: 14
    Nature of deed : Deed
    Date of deed : 20 June 1936
    Parties : (1) George Oliver Wright
    (2) The Skipton Building Society
    (3) Charles Alfred Watson
    Plan Reference : No. 5 on the filed plan.
    NOTE: Copy filed
    6 Rentcharge sum : £4
    Payable on : Half yearly on 25 March and 29 September
    Property description: 16
    Title No under which
    land is registered : -
    Nature of deed : Deed
    Date of deed : 29 June 1936
    Parties : (1) George Oliver Wright
    (2) The Skipton Building Society
    (3) Thomas Taylor
    Plan Reference : No. 6 on the filed plan.
    NOTE: Copy filed
    7 Rentcharge sum : £4
    Payable on : Half yearly on 25 March and 29 September
    Property description: 18
    Nature of deed : Deed
    Date of deed : 8 July 1936
    Parties : (1) George Oliver Wright
    (2) Asa Robinson
    Plan Reference : No. 7 on the filed plan.
    NOTE: Copy filed under
    8 Rentcharge sum : £4
    Payable on : Half yearly on 25 March and 29 September
    Property description: 20
    Title No under which
    land is registered : -
    Nature of deed : Deed
    Date of deed : 29 June 1936
    Parties : (1) George Oliver Wright
    (2) Norman West
    Plan Reference : No. 8 on the filed plan.
    NOTE: Copy filed
    B: Proprietorship Register
    This register specifies the class of title and
    identifies the owner. It contains any entries that
    affect the right of disposal.
    Title absolute
    1 (17.04.2007) PROPRIETOR: SECURE EQUITY ASSETS MANAGEMENT LIMITED
    (Co. Regn. No. 4176637) of Hawthorn Dene, School Lane, West Hill,
    Ottery St. Mary, Devon EX11 1UP.
    2 (17.04.2007) The price stated to have been paid on 26 March 2007
    for the land in this title and other property was £2,750.
    End of register
    Is it possible I will own the freehold, but there is some sort of separate charge attached. I know the solicitor will find all of this out for me, but I don't want to go all the way down that road and get a nasty shock.

    Thanks in advance for any answers.

  • #2
    Re: Am I Leasehold or Freehold

    The property is freehold subject to a perpetual yearly rent charge. You simply have to pay this small sum each year to the rentcharge owners.

    You can buy out the rentcharge - download the booklet from Redemption of Rentcharges on freehold houses - Housing - Department for Communities and Local Government
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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