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Freehold

I wonder if anybody can give me the answer to this question please. I own a house and used to be leasehold with various Restrictions. When I could afford to I bought the freehold with most of the restrictions still in place (in the agreement) but the ones I am interested in are not in the freehold agreement, does this mean they do not apply anymore. I do not want to pay a solicitor, just to find this out, I would appreciate it if someone could give me the answer.:confused:

Comments

  • When I could afford to I bought the freehold with most of the restrictions still in place (in the agreement) but the ones I am interested in are not in the freehold agreement

    "(in the agreement)" - do you mean the lease?

    What do you mean by the "freehold agreement"?
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • Thanks for the quick response Richard W

    (in the agreement)" - do you mean the lease? :- I have both documents in front of me. One says in big letters the word LEASE so I would say :- Yes On the next page at the top it says H M LAND REGISTREY LAND REGISTRATION ACTS 1925 to 1971.

    What do you mean by the "freehold agreement"? :- ON checking the other document I might of got it wrong, taking a second look at it, it says LAND CERTIFICATE, what do you think ?

  • Bump Bump Bump
  • I'm not sure if I follow you - Are you saying there are restrictive covenants on your freehold or are you talking about restrictions in the lease? If you let me know a few more details I might be able to give you some advice.
  • Thanks for replying to my Question, As I say I bought my leasehold, which along with the Land Certificate has restrictions on the property IE :- cannot build on bla bla and more, but only in the Leasehold (LEASE) it says you cannot park caravans, trailers or commercial vehicles and more. Now I have bought the lease, now(freehold) do those restrictions still apply ?:rolleyes:
  • If you have a freehold land certificate then it should show you as the owner and say that the property is freehold. There may be restrictive covenants set out in the Charges Register in that document or in another documents mentioned in the Charges Register which should then appear as a further documents sewn up within the Land Certificate. These will be effective - but as you will be your own landlord those that just appear int he lease should not affect you.

    If you bought the freehold after 12th October 2003 the Land Registry will not have issued you with a new Land Certificate showing your name and the document you have will be the certificate handed over by your seller with his name on - you would have to go to the Land Registry website www.landregistry.gov.uk/ to get an official copy of the freehold title with your name on. DO NOT go to www.landsearch.net/landregistry or www.Uk-LandRegistry.co.uk - they simply charge more for providing the same documents!
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • Catti
    Catti Posts: 372 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    In the area I work this is very common practice for ex-Council houses, and the Freeholds are then sold 'subject to the conditions in the Lease'. Check the freehold title to see if that applies to you.
  • I have the land cert in front of me, I bought the freehold in 1996 I think. On page 1 the first section says A PROERTY REGISTER the second section says B PROPRIETORSHIP REGISTER then TITLE ABSOUTE with my name & address typed on it. Does this mean I do not have to obey the rules on not parking a caravan ect on my land ?
  • Thanks Catti for the pm message will take that on board.:o
  • have the land cert in front of me, I bought the freehold in 1996 I think. On page 1 the first section says A PROERTY REGISTER the second section says B PROPRIETORSHIP REGISTER then TITLE ABSOUTE with my name & address typed on it. Does this mean I do not have to obey the rules on not parking a caravan ect on my land ?

    If there is no Charges Register at all then that would appear to be the case.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
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