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TR1 Form for my Neighbour's Sale.

I own a flat which is one of two in a converted house; I also share ownership of the freehold with the owners of the other flat, so that between us we own 50% each of the freehold.
My neighbours are selling/have sold their flat and I have been sent a TR1 form to sign; I am a little concerned that this form speaks of the transfer of "whole registered titles" and yet I am not selling my flat or freehold.

With previous sales I have been provided with a specially drawn-up document that specifically states that my neighbour's share of the freehold is to be transfered and that I am happy for this to happen.

I do not really want to have to find solicitors' fees for advice, especially as I am not actually selling anything.

I also don't want to hold my neighbours' sale up as they are good people, but likewise I don't want to make a silly mistake and accidentally sign over my share of the freehold.

Any charitable property solicitors or similar experts out there who can advise, your comments would be most welcome.

S
:o

Comments

  • One_Day_Rodney
    One_Day_Rodney Posts: 117 Forumite
    edited 6 April 2010 at 10:19AM
    Why don't you get your neighbours' solicitors details, and contact them about it. Maybe they are not clear about the freehold arrangement. As a joint freeholder, they should be able to talk to you direct.

    If you want seperate advice from your own solicitor, then the costs should be minimal and your neighbours should pay for them - it should not cost you money when your neighbours sell their flat !
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Don't rely on the neighbours solicitors - you need your advice to be independant.
    Either call the Land registry who are very helpful, or
    see a solicitor and pass the cost to youyr neighbour, or
    wait for one of the solicitors here to respond!
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Find your own solicitor and get the neighbour's solicitor to confirm that they will pay your solicitor's fees.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • If OP(original poster) & OFO (other flat owner) own the freehold of the building together and OFO is selling his leasehold flat to B (buyer), then the whole of the freehold registered title will have to be transferred by OP & OFO to OP & B so that the whole of the title is owned by OP and B.

    A transfer of part would be to sell off a physical part of the freehold to someone else, which is not what you are doing here.

    OFO can't transfer his "share" in the freehold without OP's signature.

    If the TR1 has the two existing freeholders as the Transferors and OP and the Buyer as Transferees it is in order and there would not appear to be any reason why OP shouldn't sign it.

    It might be that there was a trust deed or other agreement whereby the two owners agreed that the freehold should always be held by the people who owned the two flats but there would still need to be a document that put that agreement into effect when a sale of a flat happened.
    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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