Second freehold included in sale

janbro957

Hi,

Thank you for providing this forum.

In 1998 I transferred a freehold which included a second with it by mistake.
I have continued to collect ground rent on the second property.

Title holder to both properties is now asking why I was collecting rent.

I have said the sale of the second was a mistake and I want it back. They of course dispute there was a mistake and say anyway it’s too late to be claiming now.

Can the Land Registry or a court force inflexible title owner to give back the second freehold?

What sort of cost will be involved reclaiming the second freehold?

Can I claim my cost?

Your help appreciated.

pauletruth

i very much doubt you have a case. you have been taking money under false prentences you need to refund this money to the leaseholder with intrest.

G_M

Prior to the Transfer on Completion was there a contract Exchanged?

What did it say was to be sold/transferred?

Were any professionals involved (solicitor?)?

Since the two sides dispute what was transferred/supposed to be transferred, the documentation involved will be crucial. I assume you signed the Transfer document which the recipient registered at the LR?

janbro957

pauletruth,

Even though I believe the transfer was made in error?

G_M ,

My solicitor did all the work. Buyer accepted the price. He was only buying the freehold on his house, not both.

G_M

janbro957 wrote: »

pauletruth,

Even though I believe the transfer was made in error?

G_M ,

My solicitor did all the work. Buyer accepted the price. He was only buying the freehold on his house, not both.

Not clear. Whose error?

Land Registry mis-read/ mis-registered the Transfer document?
Solicitor made error drawing up contract and/or Transfer document?
You made error in describing to your solicitor waht was to be transferred?
Buyer made error describing to HIS solicitor.....

When your solicitor drew up the documents ("did all the work") presumably he sent copies to you to check/agree? Did you check/agree?

janbro957

LR say I will have to ask the title owner to make a reverse transfer.

The new owner did not employ a solicitor. He naturally thought the price was too high, but happy to save expense and use my solicitor. I believe my solicitor and I were diligent in what we did.

G_M

janbro957 wrote: »

LR say I will have to ask the title owner to make a reverse transfer.

The new owner did not employ a solicitor. He naturally thought the price was too high, but happy to save expense and use my solicitor. I believe my solicitor and I were diligent in what we did.

Then I don't understand where the 'error' was.

janbro957

The error must rest between my solicitor and me. Somehow the second freehold was not removed from the transfer. The buyer must, however, have been aware a mistake had been made and should have informed me straight away. Now I know of the error I want the buyer to transfer it to me.

Is court action my only solution?

Can I claim my cost from buyer?

pauletruth

its yours and your solicitors fault. you sold more than you were ment to however by waiting so long you would have lost the right to correct the error. you need to refund the ground rent to the tennant that you have recieved. as you had no right to claim it anfd the new landowner and tennant could sue you. can you prove what you were ment to have sold 14 years ago.

G_M

janbro957 wrote: »

The error must rest between my solicitor and me. Somehow the second freehold was not removed from the transfer. The buyer must, however, have been aware a mistake had been made and should have informed me straight away. Now I know of the error I want the buyer to transfer it to me.

So you can't really claim:

I believe my solicitor and I were diligent in what we did.

can you!?
And given that both you and your solicitor missed this, how do you know the buyer did not also miss it???

Personally I think you have a better chance of claiming against your solicitor for selling more than you instructed him to. However that depends exactly what instruction you gave him and whether you have a paper trail between the two of you.

janbro957

pauletruth wrote: »

its yours and your solicitors fault. you sold more than you were ment to however by waiting so long you would have lost the right to correct the error. you need to refund the ground rent to the tennant that you have recieved. as you had no right to claim it anfd the new landowner and tennant could sue you. can you prove what you were ment to have sold 14 years ago.

I appear to have lost the right to have LR correct the error. I have not lost the right to get my title back.

Your suggestion is that because of an error I lose title to freehold and cannot get it back.
The same error meant the tenant should not have paid me ground rent and he can get it back. Does that seem fair?

When the title reverts to me the tenant will have no claim.

The buyer only applied to buy his freehold, isn’t that proof enough