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    • pernes
    • By pernes 12th Sep 17, 9:09 PM
    • 223Posts
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    pernes
    Land registry titles - freehold sold
    • #1
    • 12th Sep 17, 9:09 PM
    Land registry titles - freehold sold 12th Sep 17 at 9:09 PM
    Hi, I have downloaded the schedule of lease titles for the block of flats and garages. The flat was sold with share of freehold, the flat and garage have separate leases. Looking at the documents it appears that two garage leases were sold by residents, then two years on the freehold for these garages was sold. I am trying to confirm who would have had permission to agree to the freehold sale as all residents own a share of the freehold?

    Many thanks
Page 1
    • G_M
    • By G_M 12th Sep 17, 9:55 PM
    • 41,989 Posts
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    G_M
    • #2
    • 12th Sep 17, 9:55 PM
    • #2
    • 12th Sep 17, 9:55 PM
    Are/were the garages included in the same freehold as the building?

    Are you saying there are now 2 (or 3? or 4?) freeholds? the building; most garages, 1 other garage; and another garage?

    Who owns the freehold(s)? A company? Owned by all the leaseholders? Or one or more named individuals? Who?
    • ThePants999
    • By ThePants999 12th Sep 17, 10:14 PM
    • 866 Posts
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    ThePants999
    • #3
    • 12th Sep 17, 10:14 PM
    • #3
    • 12th Sep 17, 10:14 PM
    FWIW, if we're talking about separate titles here then the flat being advertised as "share of freehold" doesn't necessarily mean you get a share of the garage's freehold too.
    • pernes
    • By pernes 7th Oct 17, 9:58 AM
    • 223 Posts
    • 10 Thanks
    pernes
    • #4
    • 7th Oct 17, 9:58 AM
    • #4
    • 7th Oct 17, 9:58 AM
    Sorry for not replying sooner.

    The freehold title has the flats and garages titles listed under the schedule of notices of leases.
    Two of these garage leases were sold to the neighbour as the garages jutted on the the remaining land he owns. Two years after he had obtained the leases he was sold the freehold of them and they now are registered under his freehold title.

    I am trying to find out who agreed to this as I would have thought that residents, as the flats are part of a registered RTM ltd company would have had to been informed?
    How would the value of the freehold for the garages been worked out?

    Hope this makes sense a complicated matter!
    Last edited by pernes; 07-10-2017 at 10:09 AM.
    • G_M
    • By G_M 7th Oct 17, 2:24 PM
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    G_M
    • #5
    • 7th Oct 17, 2:24 PM
    • #5
    • 7th Oct 17, 2:24 PM
    RTM is simply about management, not ownership, so the RTM company would not have been involved in any sale.

    However, as far as I can tell from your post, you own a share of the freehold of the building (via a different company?), and that freehold included both the building and the garages, yes?

    That being so, any sale of part of the feehold (ie the garages) would have been agreed by the owner(s) of the freehold (a company in which you have shares perhaps?), so you should have been informed.

    it may be, however, that the Directors of the company took the decision without informing the other shareholders.......

    It would help if you clarified exactly how ownership of the freehold is constituted:
    * 1 or more named individuals? Who?
    * a company? Owned by who? How? Directors?
    • pernes
    • By pernes 7th Oct 17, 11:29 PM
    • 223 Posts
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    pernes
    • #6
    • 7th Oct 17, 11:29 PM
    • #6
    • 7th Oct 17, 11:29 PM
    Hi, all owners own one share of the company. The directors are some of the residents who are on the board.

    Thanks
    • G_M
    • By G_M 7th Oct 17, 11:35 PM
    • 41,989 Posts
    • 48,604 Thanks
    G_M
    • #7
    • 7th Oct 17, 11:35 PM
    • #7
    • 7th Oct 17, 11:35 PM
    Hi, all owners own one share of the company. The directors are some of the residents who are on the board.

    Thanks
    Originally posted by pernes
    Then you need to check the minutes of past meetings to see if/when a decision to sell was made.

    Also check the company Articles to see who is authorised to decide what eg can Directors make decisions without reference to the shareholders? What quorum of shareholders would need to vote on such a decision? etc
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