Yet Another Freehold Flat Question!

Doozergirl

westv wrote: »

From what I have read and heard, that sounds exactly the situation for the flat I am interested in.

I don't think it is if the title plan for the freehold only delineates the flat itself, but you've read more on the actual property. Did you answer Richard Webster's questions? He might be able to provide a bit more advice based on the answers.

You can ask your solicitor to give the titles a quick going over and a 'yay or nay' for a much smaller fee than the full purchasing price. If you go on and buy, then it would just be a part of the conveyancing package.

westv

Richard_Webster wrote: »

Where is the flat?

If it is not in the Scarborough area (where Yorkshire BS and one or two others will lend, I think) then only RBS and Nat West will lend and they impose conditions which in practice are rarely capable of being complied with so you might as well forget it.

To comply withe conditions each time a flat changes hands you would have to get all the other 13 flat owners to enter into a deed of mutual covenant - can anyone honestly see them all doing that every time?

Just to be clear the freehold title that you have seen at the Land Registry is just for this flat and not for the whole building?

No, it's not Scarborough.
The freehold title I have seen from the Land Reg is for just this flat.
This is an extract.

"1 The Freehold land shown edged with red on the plan of
the above title filed at the Registry and being xx xxxxxx xxxx,
xxxxxxxxxxxxx, xxxxx and garage.
NOTE: As to the part tinted blue on the title plan only the second
floor flat is included in the title.
2 The land has the benefit of the rights granted by but
is subject to the rights reserved by the Conveyance dated xx
xxxxx 1967 referred to in the Charges Register.
3 The land has the benefit of the rights granted by a
Deed dated xx xxxx 1967 made between (1) xxxxx xxxx Flats
Limited and (2) xxxx xxx xxxxx and xxxx
xxx xxxxxx for a term of 999 years from xx xxxx 1966."

Edit: Although this all may be irrelevant as the solictor has said they will check it through and then suggest if it is worth proceeding - as per my post after this one.

westv

Doozergirl wrote: »

I don't think it is if the title plan for the freehold only delineates the flat itself, but you've read more on the actual property. Did you answer Richard Webster's questions? He might be able to provide a bit more advice based on the answers.

You can ask your solicitor to give the titles a quick going over and a 'yay or nay' for a much smaller fee than the full purchasing price. If you go on and buy, then it would just be a part of the conveyancing package.

I did speak to the solicitor on Friday (just got back home to the net) and they have said they'll give all the info a once over and then tell me whether it's worth proceeding and for them to start charging me. So I guess I might as well wait and see what they have to say.

westv

I'll also wait to see what the solicitor says before sorting out any sort of survey.

Richard_Webster

Looks like a naff freehold flat with a lease for 999 yaers of the right to use common parts etc.

If you are needing a mortgage run away fast.

westv

Richard_Webster wrote: »

Looks like a naff freehold flat with a lease for 999 yaers of the right to use common parts etc.

If you are needing a mortgage run away fast.

I don't need a mortgage but, when I come to sell, my buyers might so it's looking more like a deal killer. I await the solicitors view with interest.

Also found out that the service charge is £67 a month. It's 1960s blocks (3) of privately built flats but the grounds and building are all (to my untrained eye) in very good condition.

Doozergirl

westv wrote: »

I don't need a mortgage but, when I come to sell, my buyers might so it's looking more like a deal killer. I await the solicitors view with interest.

Also found out that the service charge is £67 a month. It's 1960s blocks (3) of privately built flats but the grounds and building are all (to my untrained eye) in very good condition.

Hopefully it has something to do with the fact that they pay £67 a month in service charge!

That really isn't an unusual amount, certainly not excessive.

Nukumai

westv wrote: »

I don't need a mortgage but, when I come to sell, my buyers might so it's looking more like a deal killer.

Exactly. That is what would concern me if I were in your situation.

westv

The solicitor has emailed to say that they have received the sale particulars from the agent and is now awaiting the legal pack from the seller's solicitors.
I mentioned before about all the flats apart from one having only freehold titles registered with the Land Reg. The one flat that is different has both a leasehold title registered and a freehold title registered - both just for that particular flat. Both are dated around the same time the flat was last sold in 2003. I wonder if that was done as a way of getting round the problem of having a freehold flat? Seems weird that that's the ony flat like that.

Richard_Webster

The solicitor has emailed to say that they have received the sale particulars from the agent and is now awaiting the legal pack from the seller's solicitors.
I mentioned before about all the flats apart from one having only freehold titles registered with the Land Reg. The one flat that is different has both a leasehold title registered and a freehold title registered - both just for that particular flat. Both are dated around the same time the flat was last sold in 2003. I wonder if that was done as a way of getting round the problem of having a freehold flat? Seems weird that that's the ony flat like that.

In answer to the sentence in bold - Yes - probably and some stupid solicitor would fall for it, but it doesn't work.

The CML Handbook says:

5.13.4You must take reasonable steps to check that:

there are satisfactory legal rights, particularly for access, services, support, shelter and protection; and
there are also adequate covenants and arrangements in respect of the following matters, buildings insurance, maintenance and repair of the structure, foundations, main walls, roof, common parts, common services and grounds (the "common services").


5.13.5You should ensure that responsibility for the insurance, maintenance and repair of the common services is that of:

the landlord; or
one or more of the tenants in the building of which the property forms part; or
the management company - see sub-section 5.14.


5.13.6Where the responsibility for the insurance, maintenance and repair of the common services is that of one or more of the tenants the lease must contain adequate provisions for the enforcement of these obligations by the landlord or management company at the request of the tenant.

So the freeholder of the particular flat can't enforce against other freeholders and he can't be responsible for common parts in other parts of the building etc etc.