flat with shared freehold but no lease?

lilab_2

Thanks Jenniefour:)

lilab_2

Just spoke to my solicitor. She said that so long as the other solicitor sorts out all the lease issues, which can be done, then it won't be a problem so they just need to get their finger out.

annie123

G_M wrote: »

:rotfl: :rotfl: :rotfl:

EAs are NOT legal experts. Not even legal amateurs. They frequently don't understand even straight forward Title questions, let alone issues like this. You have a solicitor. It's HIS job.

I can assure you I have had to deal with many an incompetent solicitor, and an experienced estate agent who does the sales progressing will know all about it.

I speak as a legally trained, ex estate agent over 20 years

lilab_2

update:
Finally late yesterday afternoon, my seller's solicitor got back to mine to say - it's shared freehold and therefore should have a lease and they are on the case and going to sort it all out. Hooray! Thank you everyone. I know I'm not at the end of the road yet, so I will keep you posted, but I'm very grateful to all of you for your help.

lilab_2

This is now all being sorted out, but another problem has arisen. The title plan shows the wrong outline - ie another flat and the sellers' solicitor is sorting this out. Does anyone know how long it would take to amend this and for Land Reg to okay it. (Bank holidays aside.)

Thank you.

lilab_2

All my furniture is now going into storage as the flat issues are still not quite resolved. My solicitor is going to view the property with me tomorrow to check that the latest plans from Land Reg match up. In the meantime there is no planning permission for the loft conversion which was carried out in 1992. I have no experience at all in taking the indemnity insurance option which the EA now suggests. Can anyone give me a quick run through?

Many thanks.

yvonnechilds

i need help

yvonnechilds

i want to buy a flat with a 57 year lesse the vendor wont pay the 25 thousand the company want to extend it, would it be wise for me to buy the lesse myself in 2 years time please help i lve this flat and am so sorry i didnt know were to post my own question on this matter just hope somebody replys, google directed me here thanks guys hope to get a reply.

lilab_2

Don't buy it with such a short lease, that's my opinion. You may have huge problems trying to sell it and possibly will have problems trying to get a mortgage.

Richard_Webster

i want to buy a flat with a 57 year lesse the vendor wont pay the 25 thousand the company want to extend it, would it be wise for me to buy the lesse myself in 2 years time please help i lve this flat and am so sorry i didnt know were to post my own question on this matter just hope somebody replys, google directed me here thanks guys hope to get a reply.

Very difficult to get a mortgage on this. You do realise that you may have to pay more than £25K in 2 years time for an extension even if you buy the 57 year lease now. If you don't get an extension then the price will keep going up relative to the value of the flat. Will you be able to afford this?

Lilab - glad to hear that your solicitor has sorted most of the details out. I would still make the point to you that with these small shared freeholds the legal position is all very well in theory but, if in practice, the other flat owners do their own thing and don't follow the terms of the leases because they don't understand the set up, or they just like being awkward, you will have a costly uphill struggle to bring them to heel.

There is no magic fairy that descends on people with the authoritative interpretation of the meaning of the leases etc which causes the other flat owners to quake and immediately move from their wrong or obstructive positions. You have to go to court or the LVT and it can be very expensive.

If the other flat owners don't understand the set up and e.g. are making up their own rules rather than following the lease terms, you will have to consider how far this could make it difficult for you in the future. On the other hand, when spoken to the penny may drop about how things should work and you may feel that it was simply confusion on the part of the seller or the estate agent. However you must talk to the other flat owners to get their take on how things work.