Is my property freehold or leasehold?

lwt2006

We've certainly never paid any ground rent in 18 years!

However, we are about to put house on market and on looking through the documentation we have, I seem to be looking at papers which refer to the lease. I can't see anything legal which says freehold.

I looked at HM land registry and it says 'tenure:freehold'

I know this is probably a stupid question, but can I definitely say that we have got a freehold property? (runs and hides at stupid question)

poppysarah

I'd go with the land reg.

Debt_Free_Chick

lwt2006 wrote: »

We've certainly never paid any ground rent in 18 years!

However, we are about to put house on market and on looking through the documentation we have, I seem to be looking at papers which refer to the lease. I can't see anything legal which says freehold.

I looked at HM land registry and it says 'tenure:freehold'

I know this is probably a stupid question, but can I definitely say that we have got a freehold property? (runs and hides at stupid question)

On the face of it, it seems that you have a Freehold property. But look at the documents you had when you bought.

As a last resort, you'll be getting a HIP and the HIP provider will simply consult the Land Registry ................. :j

Beardmidget

Perhaps the property was once leased long-term (say 5 years) to a tenant- this would have to be placed on the land register, and would continue to be part of the property's 'history'.

That said- the above advice is all sound!

lwt2006

Thanks everyone. I will assume freehold. Have now ordered the HIP anyway.

Richard_Webster

In some areas there are a lot of long leasehold houses, often 999 years from around 1900 at a ground rent of perhaps £3 per year. The lessee who lives in the house buys the freehold and so often has two Land Registry titles in his name - one freehold subject to the lease and one long leasehold. The leasehold title could be removed as unnecessary, but this does not always happen and the freehold title will mention the lease because it may still exist as a separate title. (In our area there are a lot of rear access ways where there is a right to use them in the long lease, but this right does not come with the freehold when purchased, so the lease is kept in existence purely to show that the rear access can be used for the next 900 years or so!)

If this situation applies then it is quite possible that a non-solicitor HIP provider will put the wrong title in the HIP, so you need to talk to your solicitor to make sure that everything is OK with the HIP.

bob79

Richard_Webster wrote: »

(In our area there are a lot of rear access ways where there is a right to use them in the long lease, but this right does not come with the freehold when purchased, so the lease is kept in existence purely to show that the rear access can be used for the next 900 years or so!)

The house that I'm buying has something similar. But there the rear access has been transferred to the freehold in the 'additional provisions'. At least, that's what my solicitor tells me.:eek:
There is a map missing which says which footpath it is that I would have a right to use, so indemnity insurance would have to be bought for that.

lwt2006

Thanks. Will get solicitors to look it over.

By the way, Richard, how much do you charge for the buying and selling of houses? :cool:

Is £1600, for everything, reasonable? We are in Birmingham.

david29dpo

Richard_Webster wrote: »

In some areas there are a lot of long leasehold houses, often 999 years from around 1900 at a ground rent of perhaps £3 per year. The lessee who lives in the house buys the freehold and so often has two Land Registry titles in his name - one freehold subject to the lease and one long leasehold. The leasehold title could be removed as unnecessary, but this does not always happen and the freehold title will mention the lease because it may still exist as a separate title. (In our area there are a lot of rear access ways where there is a right to use them in the long lease, but this right does not come with the freehold when purchased, so the lease is kept in existence purely to show that the rear access can be used for the next 900 years or so!)

If this situation applies then it is quite possible that a non-solicitor HIP provider will put the wrong title in the HIP, so you need to talk to your solicitor to make sure that everything is OK with the HIP.

I have seen this so many times with cheap HIPs

Richard_Webster

By the way, Richard, how much do you charge for the buying and selling of houses? :cool:

Is £1600, for everything, reasonable? We are in Birmingham.]

I assume that they are both houses rather than flats and neither value exceeds £175K.

On that basis it looks a little high, but not OTT.

You might even find my website and ask me for an estimate! I can't give details here but a bit of intelligent googling should find me.