Buying Freehold: Do I need a Solicitor?

Kulakman

We have been in the same property for 23 years, and after recently going through part of the process of selling (the buyer gazundered us at the last moment so we withdrew from the market) we realise how complicated being leasehold has become since we last moved. We ended up having to pay out £300 to get retrospective permission for work we have undertaken. We have now decided to buy the freehold so that we don't have to pay for permission to improve our own property. We have already paid the relevant amount to the leaseholder, but their letter to us says "We must point out that we are not solicitors and are not able to act on your behalf. You may feel that you would like to consult a solicitor before taking this further".

We are happy with the documentation we have received from them (the TP1 form and the copy of entry in the Land Registry) as the solicitor who was acting on our behalf in the sale already has copies of these. It all seems pretty straightforward to me.

The question is - do we really need to appoint a solicitor to act on our behalf? It's already costing us £551 for the freehold, and our ground rent is only £6.00 per annum!

Thanks for reading.;)

mizzbiz

I would at least get a conveyancing solicitor to ensure the land is transferred correctly. You don't want to find out ten years down the line that you are not the legal owner!

Richard_Webster

I would at least get a conveyancing solicitor to ensure the land is transferred correctly. You don't want to find out ten years down the line that you are not the legal owner!

This is got to be the sensible advice. Having said that, assuming this is the purchase of the freehold of a house rather than a flat, it is at the simpler end of a range of difficulty, and you might manage it yourself with help from Land Registry enquiries people, who are amazingly helpful usually. But, yes, without legal knowledge, there just might be something that could cause a problem later, not very likely, but not completely impossible. Make sure the plan is correct.

If it is the company itself dealing with it itself then you cannot be sure that if you send the money you will get the signed TP1. A solicitor could insist that the company used a solicitor. One freeholder I know (who is a surveyor) deals with it himself by getting the buyer's solicitor to give an undertaking to forward the money if he is sent the signed TP1. The surveyor sends the TP1 and we send the money by cheque and everyone is happy.

Kulakman

Thanks very much to you both for those useful comments.
Regards

Catti

And bear in mind that there may be restrictions on the freehold title requiring consent to certain things in the future! It's not just limited to leases!