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Leasehold Land help

I'm looking for some advice please so that we can be prepared before we approach our solicitors. We recently purchased our house and pay ground rent for the land/garden which the house sits on.

The previous house owner also had a separate ground rent agreement for an additional plot of land adjacent to the garden (it is the same land owner as the main house plot). During the purchase we discovered that the additional land isn't registered and it was excluded from the house sale. The land owner says they've had unchallenged unregistered possessory leasehold title since the mid 80's and did not register it due to cost. The prevous owner has paid ground rent for approx 9 years.

We would like to continue using this additional land. Our question is, can they now demand ground rent from us considering that it is not legally registered to them? Does the previous agreement automatically transfer to us or do we need to enter into a new agreement with them? If so I presume we will need a solicitor to arrange this for us and pay the associated costs (estimations??)

We would, at some point, like to purchase the whole plot including the main house/garden and additional land but I understand that we cannot apply until we have owned the house for 2 years? Could/should we enter into a short-term 2 year agreement for the additional land with a view to purchasing the whole plot after that time, providing of course that they are willing to sell?

Many thanks for your help.

Comments

  • Can anyone advise please?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 31 December 2014 at 1:24PM
    Just because the land is not registered does not mean they do not own it.

    Until the 1980s very little land was registered.

    If you wish to use the land you will need to gain their consent and pay what they request or you negotiate/agree.

    You can ask them to sell you either plot, or both, at any time you wish. No need to wait. They can agree, or refuse.
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