EA says house leasehold but others say freehold

drummer_666

I am viewing a house on saturday, the EA says it is Leasehold.

I said to him, on land registry it is up as leasehold and also freehold. He said he's seen a copy of the lease.

On zoopla property details, the house says freehold but it also says it's a semi, when it's a mid terrace.

But I'm confused, because I thought if it was on the land registry as leasehold AND freehold, that it was def freehold....

Unless do you think the vendor is just selling the leasehold and keeping the freehold, which seems strange.

Evee2000

I believe this will be a leasehold - from memory when working with title docs in the past, both the leasehold and freehold document should exist - I don't believe that they are mutually exclusive. Give land registry a ring and they will confirm.

DVardysShadow

Everything which is leasehold is leased from a freeholder. A seller may be selling either or both. Bear in mind any leasehold corresponds to one freehold, but one freehold could correspond to many leases.

sonastin

It is leasehold. The leasehold registration will belong to the vendor selling the property. The freehold registration will detail the freeholder. This is not necessarily the vendor if he does not own the freehold. As he is selling it as leasehold, it is unlikely that he owns the freehold for the property.

The vendor, the EA and the land registry are all saying the same thing. Zoopla is the only one saying it is freehold. As you have seen, Zoopla don't even know what sort of house it is so you should really go with what the vendor, the EA and the land registry are telling you.

drummer_666

hmmm

I'm aware all leaseholds are leased from a freehold, but usually a leasehold house won't have two entries in the land registry.

I was told previously that if it is on the land registry as two entries, one leasehold AND one freehold that it was leasehold at one point and the freehold was bought at a later date...

Richard_Webster

The key point is who owns the the respective freehold and leasehold titles!

If it is the same person then the property is freehold. if they are different the seller is only able to sell the leasehold because he won't own the freehold.

roger196

If one individual owns both the leasehold and the freehold, he can sell either of them or both. Subject to correction, I don't think they automaticaly merge. It is quite common as part of a shearing exercise for IHT planning to split a freehold into two parts, namely a leasehold interest and the freehold reversion. The later is then gifted to the children/grandchildren. This gets round the gifts with reservation problem. The conveyancing is quite complex.

big5

Our house has a freehold and leasehold title associated with it. There is a clause in one of the titles which says they cannot be merged. Caused our solicitor a few headaches, but that's what we paid them for!

Evee2000

drummer_666 wrote: »

hmmm

I'm aware all leaseholds are leased from a freehold, but usually a leasehold house won't have two entries in the land registry.

No, there will be two entries.

Richard_Webster

Quote:
Originally Posted by drummer_666
hmmm

I'm aware all leaseholds are leased from a freehold, but usually a leasehold house won't have two entries in the land registry.

No, there will be two entries.

Generally, yes, but the freehold could be unregistered and the freeholder possibly unknown.

nightingale2

drummer_666 wrote: »

I am viewing a house on saturday, the EA says it is Leasehold.

I said to him, on land registry it is up as leasehold and also freehold. He said he's seen a copy of the lease.

On zoopla property details, the house says freehold but it also says it's a semi, when it's a mid terrace.

But I'm confused, because I thought if it was on the land registry as leasehold AND freehold, that it was def freehold....

Unless do you think the vendor is just selling the leasehold and keeping the freehold, which seems strange.

A property can be both freehold and leasehold. It is purchased as a freehold property, but perhaps there is a chief rent on it also. Depends where the property is - several such properties exist in the North West of England and also in Cornwall. If this is the case, then generally it is the same as freehold, but there is a minimal charge per year for the chief rent. This can be purchased for a couple of hundred pounds and then it is all finished with. This type of rent, along with Ground Rent will be phased out by 2037.