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Registered Freehold Name

billybabba
Posts: 3 Newbie
I moved into a property 7 months ago where we have a shared freehold with our neighbours due to our bathroom being over the hallway ('floating freehold').
We have not registered our freehold at the moment as we have been in dispute with our neighbours regarding the title. Our neighbour only has his name on the freehold agreement which he had with the previous owner who only had her name. I own the property with my husband but the neighbour is disputing that only one of our names can be put on the Transfer of Deeds and Declaration of Trust to gain the freehold but we do not want to do this as we own the property jointly. Is there any law saying only one name can be on this document?
Please help
We have not registered our freehold at the moment as we have been in dispute with our neighbours regarding the title. Our neighbour only has his name on the freehold agreement which he had with the previous owner who only had her name. I own the property with my husband but the neighbour is disputing that only one of our names can be put on the Transfer of Deeds and Declaration of Trust to gain the freehold but we do not want to do this as we own the property jointly. Is there any law saying only one name can be on this document?
Please help
0
Comments
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Need more information from you as your post is confused.
Do you have a house or a flat?
If it is a flat did your seller own the leasehold of the flat that he sold to you and jointly own the freehold of the whole building with the person you are now in dispute with?
Why didn't your solicitor sort out the transfer of the freehold at the time you bought the property? It should have been a precondition of the matter proceeding.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.0 -
Hi Richard,
We have a house but the seller owned the leasehold of the house she sold to us and jointly owned the freehold of the whole building with neighbour.
We were told we could complete without this and then complete it afterwards. Do you know why we can only put one name on the agreement?
Thanks for your help0 -
So there are two houses (not flats) in one building.
If they are houses why on earth didn't they each have their own freehold or was it to deal with the flying freehold aspect?
If you have a jointly owned freehold owned by say A & B then if C wants to replace B and B is happy with that you still need A to sign as well so AB transfer to AC, or to ACD (if D wants to be involved as well)
The other freeholder can in practice do what he likes unless there is some trust deed or other document that says in effect that the freehold must belong to the same people as own the leases. That's why I was concerned it was not sorted out before you completed your purchase. It is an inherent problem with jointly owned freeholds.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.0 -
The original agreement does have a clause that says there must only be one trustee per house, which the neighbour is not budging from. Is there anything i can do about this without making it very expensive?!0
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