Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Margot123
    • By Margot123 2nd Oct 17, 5:26 PM
    • 332Posts
    • 293Thanks
    Margot123
    Private sale / Council on title deeds?
    • #1
    • 2nd Oct 17, 5:26 PM
    Private sale / Council on title deeds? 2nd Oct 17 at 5:26 PM
    We are interested in making an offer on a house. The agent said it had been in the same family for over 50 years.
    On searching the Land Registry, I find the title register states that it was transferred from the Coal Board to the Council in 2005. There is nothing stated after that.
    The strange thing is that, despite searching for the specific address, it only shows who owns/owned the land.
    Any ideas, please?
Page 1
    • Cakeguts
    • By Cakeguts 2nd Oct 17, 5:30 PM
    • 3,291 Posts
    • 4,590 Thanks
    Cakeguts
    • #2
    • 2nd Oct 17, 5:30 PM
    • #2
    • 2nd Oct 17, 5:30 PM
    Is the house still occupied or is it vacant?
    • G_M
    • By G_M 2nd Oct 17, 5:32 PM
    • 42,342 Posts
    • 49,187 Thanks
    G_M
    • #3
    • 2nd Oct 17, 5:32 PM
    • #3
    • 2nd Oct 17, 5:32 PM
    Got the right address?

    Is it freehold or leasehold? Might the council own the freehold and the family own the lease?
    • davidmcn
    • By davidmcn 2nd Oct 17, 6:03 PM
    • 6,291 Posts
    • 6,069 Thanks
    davidmcn
    • #4
    • 2nd Oct 17, 6:03 PM
    • #4
    • 2nd Oct 17, 6:03 PM
    Another vote here for "you're looking at the freehold". Possibly the leasehold isn't registered if it hasn't been sold for decades. So the Land Registry isn't going to help you.
    • Margot123
    • By Margot123 3rd Oct 17, 2:49 PM
    • 332 Posts
    • 293 Thanks
    Margot123
    • #5
    • 3rd Oct 17, 2:49 PM
    • #5
    • 3rd Oct 17, 2:49 PM
    The address is correct eg '22 Puddle Duck Lane, Barking'. However the title states 'freehold' and only appertains to the land. There are other properties listed on the deeds' 'schedule of notices' as being leasehold but are flats, and about half a mile away from this property.
    The Land Registry stated the download as being for that address.
  • Land Registry
    • #6
    • 3rd Oct 17, 3:28 PM
    • #6
    • 3rd Oct 17, 3:28 PM
    The address is correct eg '22 Puddle Duck Lane, Barking'. However the title states 'freehold' and only appertains to the land. There are other properties listed on the deeds' 'schedule of notices' as being leasehold but are flats, and about half a mile away from this property.
    The Land Registry stated the download as being for that address.
    Originally posted by Margot123
    Then it should be included but as others have suggested you may have an unregistered lease scenario as the 'family' owned the lease for that 50+ years.

    So first point of contact is the freeholder to ascertain what details, if any, they have re any unregistered or noted interests re that specific property.
    Last edited by Land Registry; 04-10-2017 at 5:41 AM.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • Margot123
    • By Margot123 3rd Oct 17, 4:19 PM
    • 332 Posts
    • 293 Thanks
    Margot123
    • #7
    • 3rd Oct 17, 4:19 PM
    • #7
    • 3rd Oct 17, 4:19 PM
    Then it should be included but as others have suggested you may have an unregistered lease scenario as the 'family' owned the lease for that 50+ years.

    So first point of contact uis the freeholder to ascertain what details, if any, they have re any unregistred or noted interests re that specific property.
    Originally posted by Land Registry
    Thank you, that is very helpful. I will certainly look into this as I understood the property had been purchased by the vendor under the 'right to buy' scheme in the early 1980s.
    • Cheeky_Monkey
    • By Cheeky_Monkey 3rd Oct 17, 5:13 PM
    • 1,432 Posts
    • 2,849 Thanks
    Cheeky_Monkey
    • #8
    • 3rd Oct 17, 5:13 PM
    • #8
    • 3rd Oct 17, 5:13 PM
    Thank you, that is very helpful. I will certainly look into this as I understood the property had been purchased by the vendor under the 'right to buy' scheme in the early 1980s.
    Originally posted by Margot123
    If they bought it from the Council in the 1980s, how was it subsequently transferred from the Coal Board to the Council in 2005?
    I used to be indecisive - now I'm not so sure
    • davidmcn
    • By davidmcn 3rd Oct 17, 5:21 PM
    • 6,291 Posts
    • 6,069 Thanks
    davidmcn
    • #9
    • 3rd Oct 17, 5:21 PM
    • #9
    • 3rd Oct 17, 5:21 PM
    If they bought it from the Council in the 1980s, how was it subsequently transferred from the Coal Board to the Council in 2005?
    Originally posted by Cheeky_Monkey
    They could have bought from the Coal Board if they were the landlords at the time, as they (and various other public sector bodies) were/are also subject to the Right to Buy legislation.
    • teddysmum
    • By teddysmum 3rd Oct 17, 5:38 PM
    • 8,631 Posts
    • 5,104 Thanks
    teddysmum
    I think they are using the word 'with' to give the impression that they owned it all that time, whereas they probably rented and then owned for a total of 50 years. It was their home for 50 years, but tier house for much less time.
    • xylophone
    • By xylophone 3rd Oct 17, 6:09 PM
    • 23,682 Posts
    • 13,806 Thanks
    xylophone
    It is possible that the Coal Board owned the freehold of a parcel of land and caused dwelling houses to be erected on it for rental by their employees.

    Perhaps fifty years ago the vendors rented such a property and then bought the lease of the property from the Coal Board.

    The Coal Board could then have sold the freehold to the Council in 2005.

    Have the vendors ever paid ground rent?
    • Margot123
    • By Margot123 4th Oct 17, 3:43 PM
    • 332 Posts
    • 293 Thanks
    Margot123
    I've just spoken to the Estate Agent about this, and their answer was that my solicitor would sort it out when I go through with the purchase! Not sure I'd pay out on fees only then to be told the ground was leasehold. It's a big garden and there'd be nothing to stop the Council selling part of it as building plots.
    It's a nice house but if there's complications, I'm walking away from it.
    • davidmcn
    • By davidmcn 4th Oct 17, 3:56 PM
    • 6,291 Posts
    • 6,069 Thanks
    davidmcn
    I've just spoken to the Estate Agent about this, and their answer was that my solicitor would sort it out when I go through with the purchase! Not sure I'd pay out on fees only then to be told the ground was leasehold. It's a big garden and there'd be nothing to stop the Council selling part of it as building plots.
    It's a nice house but if there's complications, I'm walking away from it.
    Originally posted by Margot123
    Not sure I follow your concerns here - whether it's freehold or leasehold, the council can't build on it! Though the EA ought to know whether what they're marketing is freehold or leasehold - don't they?
    • G_M
    • By G_M 4th Oct 17, 3:57 PM
    • 42,342 Posts
    • 49,187 Thanks
    G_M
    I've just spoken to the Estate Agent about this, and their answer was that my solicitor would sort it out when I go through with the purchase! Not sure I'd pay out on fees only then to be told the ground was leasehold. It's a big garden and there'd be nothing to stop the Council selling part of it as building plots.
    It's a nice house but if there's complications, I'm walking away from it.
    Originally posted by Margot123
    If the lease includes the garden, the council could not sell it off.

    Go back to the EA, and/or the owner, and ask : "is the freehold or the leasehold for sale?"

    Not an unreasonable request and the seller should know! If they don't, they need to find out sometime.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,929Posts Today

7,161Users online

Martin's Twitter