Freehold Query

clarzbubbles

Hi,

Im new to the site so apologies if this has been asked before but i can not see anything that answers my query directly.

Myself and my partner brought a GFF, we are unable to locate the freehold owner and wish to purchase this ourselves as feel this will help us in the future when we decide to sell with regards to the lease etc.

The lease itself has just under 100years on it.

Can anyone advise how we purchase the freehold?

G_M

You should know the freeholder as he (or his management company) will in due course send you an invoice for Ground Rent (and probobly maintenance/service charges).

However you can download the Freehold Title from the Land registry here for £3

clarzbubbles

we do not pay a ground rent or any fees. The freeholder is unknown

G_M

clarzbubbles wrote: »

we do not pay a ground rent or any fees. The freeholder is unknown

Highly unusual. Do you mean no one has ever requested payment so you "do not pay", or do you mean there IS no ground rent payable? What does your lease say?

If freeholder is unknown - look them up as advised!

clarzbubbles

Thanks, no one has ever requested payment and i have already requested a copy of the freehold and it states n/a.
The lease states a ground rent of £1 but as no one has ever come forward we have never paid this.

Do you know how i can apply to be the FH?

G_M wrote: »

Highly unusual. Do you mean no one has ever requested payment so you "do not pay", or do you mean there IS no ground rent payable? What does your lease say?

If freeholder is unknown - look them up as advised!

G_M

The obvious answer is that to aquire the freehold you need to buy it (or be given it) which involves knowing who to buy from. If it is not registered with the LR, I'm stumped. No idea how to identify owner of unregistered title.

edit: Is the Freehold actually 'unregistered' or is it just not available to download? Is there a Title Number listed? Sometimes you can get a title that is registered but unavailable by calling the LR and getting a paper copy.

A possible alternative (and I'm just thinking aloud!) would be to aquire via adverse possession. This is where someone uses the land as if it were their own for a period of (I think) 12 years, and then claims it and registers it with the Land registry.

Whether this could be done here I'm not sure. But if for example, the lease states that the freeholder has certain obligations (to fix the roof, to insure the building, to pay for common areas to be cleaned, lighted, etc) and you have fulfilled all those functions as if you were the freeholder then you may qualify.

Either
* ring the LR to enquire ( they'll give procedural advice, but not legal advice)
* speak to a solicitor
* read the LR guide on adverse possession here

tim123456789

start here

http://www.lease-advice.org/publications/documents/document.asp?item=11#13

Fire_Fox

More on absentee landlords on this article
http://www.lease-advice.org/publications/documents/document.asp?item=18

Land_Registry

G_M wrote: »

A possible alternative (and I'm just thinking aloud!) would be to aquire via adverse possession. This is where someone uses the land as if it were their own for a period of (I think) 12 years, and then claims it and registers it with the Land registry.

Whether this could be done here I'm not sure. But if for example, the lease states that the freeholder has certain obligations (to fix the roof, to insure the building, to pay for common areas to be cleaned, lighted, etc) and you have fulfilled all those functions as if you were the freeholder then you may qualify.

Either
* ring the LR to enquire ( they'll give procedural advice, but not legal advice)
* speak to a solicitor
* read the LR guide on adverse possession here

G_M - just responding on the point you have made re adverse possession - it is very unlikely to come into play here as you have a lease, which is in effect the freehold owner's consent to occupy their land/property. As a result possession is not 'adverse' within the meaning of the Law of Limitation Act.

G_M

Thanks LandReg - I thought it was a long shot!

propertyman

Adverse possession could only be claimed on the reserved property eg say a path or garden what is not demised in the lease.

I suggest that you contact the local HMLR office to discuss the title register that you have to see if they can help, otherwise you may have to get a solicitor to help research the title to deduce ownership.