Scottish Tenement Flat - Freehold or Leasehold??

Lady-g-

Hi everyone, just after some advice on the tenure of my Scottish tenement flat. I had a home report done which states my flat is ‘Absolute Ownership’ which I think means freehold?
But on checking this it seems that it’s a policy of my mortgage lender not to do mortgages on freehold flats. So im not sure how im managed to get a mortgage from them (and 2 other big lenders in the past)

I’ve never paid any ground rent or factors charges on the flat. My neighbour seems to think that we all own a share of the fue (not sure what this is).

Would this kind of information be on my title deeds? Would i have been given a copy of my deeds when i first bought the flat?
Also im selling the flat so if it’s the case that the flat is freehold them this is bad news if a buyer cant get a mortgage on it!!

Thanks in advance!

theartfullodger

a) Talk to the solicitor you used when you bought the place, and re-read the papers you were sent at the time...
b) deeds probably held by mortgage company if you have a mortgage.
c) Fue as in Fuehold - think you should ask your solicitor: If the other owners are right life gets very interesting when, say, the roof needs replacing...

Cheers!

Lodger

tbs624

It's *possible* that whoever has complied your Home Report has made an error - go and have a look at www.ros.gov.uk, but that wouldn't explain why you'd not been notified of charges for GR/Factor.

Fuehold is the Scottish equivalent of Freehold

Lodger's right - talk to your solicitor. This is exactly the sort of thing you pay them for when buying or selling.


Editing typo - accidentally hit thanks button on Jasper's post. Have that one on me

jasper12

Certainly our tenement flat in Edinburgh was a feudal....double check with your solicitor, they should be able to reassure you.

Have never heard of 'absolute ownership' before......

googler

http://www.scottishlaw.org.uk/lawscotland/abscotslawland.html

Scottish Law 'Dictionary' relating to property - see 'Absolute Interest in Land' (it's near the top) - I'd guess this is what's been translated into 'Absolute Ownership' on the Home Report.

PROFESSIONAL_LANDLORD

I’ve never paid any ground rent or factors charges on the flat

It's unusual not to have a factor/managing agent, how are repairs organised ?

Emmzi

Have you tried a scottish mortgage lender like clydesdale? They may be less confused with their own land system :-)

Emmzi

PROFESSIONAL_LANDLORD wrote: »

It's unusual not to have a factor/managing agent, how are repairs organised ?

I've lived in aq scottish flat with no factor. Neighbours just got together to discuss work done, chipped in for painting when required, and one of them organised a gardener and we gave her £3 a fortnight each for him.

jasper12

Emmzi wrote: »

I've lived in aq scottish flat with no factor. Neighbours just got together to discuss work done, chipped in for painting when required, and one of them organised a gardener and we gave her £3 a fortnight each for him.

Same here, in our 'old' traditional tenement anyway, everyone took turns washing stairs etc, luckily there was no 'work' needed done when we were there.

Only when we moved to our new build block of flats was there a management company.

Good idea to contact a scottish lender like clydesdale/rbs as they will be likely to have lots of dealings with scottish system (obviously )