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2 leases against 1 property

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AlexandraW84
AlexandraW84 Posts: 8 Forumite
First Anniversary
in House buying, renting & selling
Hi

I am a first time buyer with a useless Solicitor, and could do with some help:

I am looking to buy a flat with a garage. Plus the option to buy a second garage on the same land, as a separate cash purchase.

The Management company who own the block, bought the freehold and gave each flat a share, extending the lease terms to 999 years (currently at 961 years).

There was a new title number allocated to this updated scenario.

However, according to the Title Register, when the lease was extended, the original title / lease duration was not surrendered. It would appear there are 2 titles against this property:

The "extended lease" of 961 years, includes (under new title number):
  • Flat + Garage 1
  • Garage 2

The "original" lease of 61 years, includes (under old title number):
  • Flat + Garage 1
  • Garage 2

Due to the original 61 year lease being active, I cannot get a mortgage approved.

I have been recommended the following:

Surrender and re-grant, so the old title number is closed and the flat + garage 1 and garage 2, all fall under the new title number.

Queries, that I'm struggling to find answers on:
  1. If Garage 2 is wrapped up into the 961 year term, and I want to sell that garage in future - how complicated is this? will selling it off have an impact on Flat + Garage 1?
  2. If I request that Garage 2 is treated as a separate entity, and given its own title number: what would be that title duration? 99 years?
  3. Can the Management Company refuse to let me extend the lease on Garage 2 in future (if it were to revert to 99 years)?

My solicitor is expecting me to make a decision on this, and he is not providing the answers - I am sure there are people out there that can help shed some light. Your advice would be much appreciated.

Apologies, this is a complex situation for me to explain in writing.

Kind regards.
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Comments

  • Tom99
    Tom99 Posts: 5,371 Forumite
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    Have you been able to download a copy of both leases so that you can work out what is going on?
  • AlexandraW84
    AlexandraW84 Posts: 8 Forumite
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    They are within 1 Title Register document, that's all I have.

    Do you know how I could download any further info?
  • Tom99
    Tom99 Posts: 5,371 Forumite
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    AlexandraW84 wrote: »
    They are within 1 Title Register document, that's all I have.

    Do you know how I could download any further info?

    Depending how far down the legal track you are, your solicitor should have copies of all the leases. If not the Land Reg might be able to supply a copy for about £7 each I think.
  • AlexandraW84
    AlexandraW84 Posts: 8 Forumite
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    The extended lease (961 yrs) is the overriding title number.

    The original lease (different title number) is included within that, but not officially closed/surrendered.

    Sorry, perhaps I don't understand this clearly.
  • mrschaucer
    mrschaucer Posts: 953 Forumite
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    Put your three questions in writing to your solicitor. I would expect any solicitor I employed to be able to advise and explain things to me.
  • m0bov
    m0bov Posts: 2,524 Forumite
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    Suggest you either:
    Change solicitor (at such an early stage you should'nt be calling him useless!)
    Get the vendor to sort it out as its currently only saleable to a cash buyer at cash rates
    Find another property
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    AlexandraW84 wrote: »
    Sorry, perhaps I don't understand this clearly.
    Then get your solicitor to explain it to you until you do understand it clearly (it's difficult for us to advise more without seeing the documents). It's what you're paying them for. And if they seem to be out of their depth, gently point that out to them and see if they can get somebody else to assist.
  • AlexandraW84
    AlexandraW84 Posts: 8 Forumite
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    Useless is perhaps a strong term, but he has been aware of this situation since Aug 1st, and he is expecting me to instruct specifically what application I want to make to Land Registry.

    I thought he could at least advise this, being in the line of work that he is.

    He never calls, only emails (in legal speak), so I am not always sure what the full picture is.

    I'm not sure what the cost implications are now of finding a new solicitor. I'll have to check his Ts&Cs.
  • thelem
    thelem Posts: 774 Forumite
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    Have you correctly stated what is covered by each lease? They look identical to me. If so, can the older lease not just be surrendered to the management company?

    Either way, I agree with m0bov. If the freeholder has leased the same property twice then that's a problem for the vendor to sort out.
    Note: Unless otherwise stated, my property related posts refer to England & Wales. Please make sure you state if you are discussing Scotland or elsewhere as laws differ.
  • m0bov
    m0bov Posts: 2,524 Forumite
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    You can switch sols at anytime, but you'll still be up against it. Instruct your sol to tell the vendor's sol to resolve the lease issues. If they won't, then you will have to walk.
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