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Vacant leasehold property advice - Please help
[Deleted User]
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it is possible to purchase a freehold where the original holder is absentee (gone or deceased) where there is noone to set a price then you need to lodge a vesting order with your local court. They will decide on a price for the purchase of the freehold and you pay into the court.
It is also worth getting some form of indemnity insurance for the property to cover any costs that may arise that would ordinaily be covered by the freeholder.0 -
I've obtained a copy of the registration documents from the landregistrys website and it has the former proprieter listed as the absolute title holder although I'm pretty sure that he never bought the freehold.
You can have a leasehold title absolute so the word "absolute" has nothing to do with whether it is leasehold or freehold. If it is leasehold in the first item in the Property register it will say "The Leasehold Land....". If it is freehold it will say so.
The property (whatever kind of title it has) will pass under the deceased's will or if no will to his intestate successors. You would have to occupy and use it for 10 years before you could claim a title and then the registered proprietors (or their personal Representatives) can take proceedings to evict you.within 2 years. If they do not do so then you can get a title after 12 years.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 -
Good luck with this plan!Deleted_User wrote: »Hi, I'm new to this so please bear with me.
There's a house in my area where the registered leaseholder has recently passed away. so the lease will pass to his beneficiaries whoever they are, either via the will or the rules of intestate if no will.
I've obtained a copy of the registration documents from the landregistrys website and it has the former proprieter listed as the absolute title holder OK - so no question about his ownership of the lease (see above) although I'm pretty sure that he never bought the freehold. OK. He owned the lease, not the freehold.
I have family who live in a similar property which they never paid rent on but were able to purchase the freehold as they were unable to locate the freeholder (which I know is the same company that went out-of-business over 50 years ago). Presumably they were able to purchase the freehold since they had been living there as leaseholders for many years?
My question is, if the title is absolute, does this pass to the occupiers next of kinYes, as said above, unless of course his Will directs that the lease should pass elsewhere (eg his secret mistress) (estranged family) or is there any way in which I could occupy the property and/or purchase the freehold. Well, you'd have to squat for a long time and hope the new true owner didn't notice! Anyway, why so interested in the freehold? From what you said there's not much income from ground rent!
Thanks0 -
Thanks for all your messages. Thought it may be worth a try.0
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