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What to be aware of when buying share of freehold?

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Comments

  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    ...No doubt theyhave put in the market regardless of lease length and your purchase price is higher than it should be.

    The EA will have seen to that!
    Posts are not advice and must not be relied upon.
  • Richard_Webster
    Richard_Webster Posts: 7,646 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 15 August 2013 at 10:19AM
    Unless there are formal agreements in place about lease extensions (which in most such cases is unlikely) the attitudes of the other co-freeholders are vitally important.

    Scenario should be:

    1. You ask seller to get lease extended because "you are shared freeholders so it will be easy for you to do...." (I know this isn't necessarily the case but here you need to adopt a deliberately naive attitude to flush out the seller....)

    2. Seller either agrees or says that as its easy you can do it. At this point be very wary. Get him to prove it is easy - also go and talk to the other co-freeholders and find out their attitude.

    3. If seller simply asserts it is easy and provides no evidence then you must suspect it isn't easy. Point out what others have already said in this thread - that you could be asked for the full market premium by others who need the money.

    4. If you get no sensible answers, walk away.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • Fraise
    Fraise Posts: 521 Forumite
    Nonsense fraise the leases have to be in a similar form and address the specific rights and repsonsbilities at the building, on a common basis.

    Along with your other thread I think you need to forget a lot that you think you have learned or more likely, made up :)

    You're correct in that the lease must address the responsibilities of the building, but the lease for his own flat is his alone.

    I haven't made that up, I've been told by a qualified solicitor. Are you a solicitor
    ?
  • propertyman
    propertyman Posts: 2,922 Forumite
    Then you have misunderstood or he/she is wrong in what they have said.

    The lease cannot be his alone as there are two parties to it, grantor and grantee.

    The freeholder/landlord, as do directors to their company and shareholders or members, has obligations and rights and responsiblities to all the lesses in the building.

    What you suggest in your post is that they can do whatever they like in the lease which is patent nonsense.

    Take common sense example 5 leaseholders all shareholders in a company and appointed as directors. They all write their own leases- c'mon :)

    I hold graduate and post graduate qualifications and 3 professional qualifications, specialising in this area, much of which involves showing solicitors where they are wrong or being paid by them to advise them :D
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
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