Freehold s disappeared HELP!!!

Richard_Webster

If LR messed up they will have to pay dispensation but the problem will be quantifying it.

DaftyDuck

Would/should the LR pay for an independent assessment of the loss? That would seem the fairest first step.

wicksidebob

Hi, thanks so much for everyone's continued feedback, it's very much appreciated.

I still haven't made a decision on the offer? I have made an offer of 10 K to the Freeholder for a 50% share, i await his decision?

With the relation to the error by land registry, they admit that forms AP1 & TR1 were incorrectly filled in yet they still acted on them and transferred my share of freehold to the person who purchased the downstairs flat in 2004, the term they used was ambiguous !!

Andrea

Guest101

Why are you paying for your share of freehold?? Its still yours, it belongs to you. Im so confused.

datlex

Guest101 wrote: »

Why are you paying for your share of freehold?? Its still yours, it belongs to you. Im so confused.

I'm confused by that too.

wicksidebob

As I explained in an earlier post, the land registry mistakenly altered the freehold title in 2004 to the then owner of the flat below mine, the flat has since changed hands twice, this apparently makes an alteration to the register very difficult as the now owner of the freehold title and the mortgagee would have to agree to them losing the freehold title, that as far as there concerned, belongs to them.
My solicitor has estimated that it could take anything up to 2/3 years to reach a conclusion if I attempted to alter the register, that is why the Land registry offered me 25K compensation.

I apologise if I didn't make things clearer.

Andrea

Guest101

wicksidebob wrote: »

As I explained in an earlier post, the land registry mistakenly altered the freehold title in 2004 to the then owner of the flat below mine, the flat has since changed hands twice, this apparently makes an alteration to the register very difficult as the now owner of the freehold title and the mortgagee would have to agree to them losing the freehold title, that as far as there concerned, belongs to them.
My solicitor has estimated that it could take anything up to 2/3 years to reach a conclusion if I attempted to alter the register, that is why the Land registry offered me 25K compensation.

I apologise if I didn't make things clearer.

Andrea

i understand, just confused as your position is weak but strong.

I'd think they would probably pay double that if pushed.

But i dont think you'll have your cake and eat it, 25k compo and 10k for the freehold.

notisis

I don't think it's a case that it is difficult to be put back to your original position - it's more a case that it will cost the LR more than the 25k they've offered you because no doubt the existing freeholder and their mortgagees will want more. It's therefore cheaper and easier to deal with you.

In attempting to quantify your loss you need to find out how much your flat is worth as it stands, how much it is worth with the freehold, how much it will cost if you have to pay to extend the lease, how much it is worth to you having control of the freehold and hence maintenance etc. Are you willing to spend a few years negotiating this or do you need to sell in the near future?

I would reiterate, talk to a decent experienced property litigation solicitor who has good contacts with expert property valuers and counsel. Get a good overview of your possible loss and then take an economic view on what it will cost to pursue this versus the likely outcome. If it's far greater than £25k proceed, if not you might be better to take the £25k now and accept part if not most of it will be used to extend the leasehold term. Good luck.

Ulfar

To reiterate you need to see a solicitor experienced in these matters, hopefully land registry have admitted their error in writing.

The other flat holder does not own all of the freehold, it is up to land registry to correct their error.

25k is nowhere near enough from the details you have supplied.

wicksidebob

Just an update, I now have a surveyor coming tomorrow to value an extension to the lease, I also have an appointment with litigation solicitor tomorrow.

I have contacted the freeholder and they are not prepared to sell me a 50% share? This only leaves an extension to lease as a possibility!!

I'll update when I know more

Andrea