Share of Freehold not Transferred

sharky_mk

propertyman wrote: »

It's all correct.

This is well outside of the remit of the LAS and beyond the ability of the average solicitor, it's fairly specialised, so don't sack them yet .

In the first instance you would try to contact the former owners.
Others elsewhere have had great success with findermonkey.co.uk.

If that fails then I would use the services of a reputable enquiry or tracing agent.

In then applying to the Court, part of the evidence to persuade them to issue a Vesting order, is to show what steps were taken to identify and locate them, and in some cases, public notices.

In a recent case of a missing leaseholder a notice was put in the local paper of a small island and the telephone rang two days later.

Where an order is awarded the Lands Tribunal is asked to assess a sum should the former owner appear, however in this case there should be none due to the restriction on the title you mentioned earlier, and that each party can show that in their contract for purchase, the FH would be transferred with the lease, but at one price.

( to other readers this in one reason I always say avoid trusts or such covenants, put it in a company where transfer of ownership is automatic)

While CPR 8 is the method, you should not be doing this yourself.

You might see that is something that last solicitor would be remedying if they made a mistake, otherwise its probably too specialised for the average solicitor.

I would
- try tracing myself
- have Solicitor appoint enquiry agents
- ask Counsel to draft the proceedings and make the case in court
- they can also make the valuation argument

And when it is transferred put in title indemnity insurance which at worst would cover legal fees if former freeholder rolls up.

Good luck.

Thanks to everybody who helped in my case!
Now I need to take it further and appoint a decent, honest, experienced solicitor who does not charge an arm and leg to sort the matters out.

Is there such solicitor?

Please recommend one!

Thanks!

propertyman

I would but anyone I know is the expensive kind

Try http://www.lawsociety.org.uk/get-in-touch/

"Can you please suggest how I can locate experienced solicitors who deal with vesting orders for absentee freeholders , as your standard "areas of law" search field does not help" ( see below)

http://www.lawsociety.org.uk/find-a-solicitor/

Fire_Fox

Ask colleagues, neighbours, relatives and friends for a recommendation of a local solicitor.

propertyman

Fire_Fox wrote: »

Ask colleagues, neighbours, relatives and friends for a recommendation of a local solicitor.

Ordinarily that's a sensible suggestion.

I think his concern is that the average local solicitor has been shown to have no real experience of this, and that is right, it is fairly specialised, and sometimes expensive, as he has found out.

sharky_mk

propertyman wrote: »

I think his concern is that the average local solicitor has been shown to have no real experience of this, and that is right, it is fairly specialised, and sometimes expensive, as he has found out.

That is correct, although it was not local and not that expensive (without the loses), I really need recommendation. I am not keen on getting someone without recommendation and the required expertise. I understand it is not going to be cheap - I searched around the net and based on the price quoted from the previous firm it should be around £1200 - £1500.
I will have to spend the money - there is no other way. But I need good solicitor who will also make the case for zero valuation as well - this is important and I do not mind paying slightly more if the results are guaranteed.

Thanks!

propertyman

Local is not required unless they are going to have to attend court which gets expensive.

While using west end firms I get comparable service elsewhere and trips to Cambridge or Northampton!

Leaseman_2

When you have sorted out the freehold situation that will be one thing done but you should also be extending your lease!