Leasehold to freehold - worry time?

d0nkeyk0ng

Solicitor has done searches. House was originally leasehold and about ten years ago was transferred to owner as freehold. Solicitor states it is 100% freehold.

But there's a bit that says "when freehold interest was purchased certain conditions were imposed". Had a look at these and basically says:

• don't sell/remove any clay, sand or gravel unless I need to erect a building
• don't do anything that will make a nuisance or damage land, tenants or neighbours
• don't build anything that isn't for living in
• don't sell or make booze
• don't put anything in front of the building line
• keep the fences in order
• pay towards upkeep of party walls, drains, pipework used by house or neighbours
• need permission to build a shed or garage

The solicitor states this was on the leasehold and these are standard conditions for residential properties.

Is the house still freehold? Do I still need to observe the above conditions?

Things that come to mind are whether I can erect a marquee for say birthdays, or whether I plan to build an extension.

princeofpounds

Could be that you are being sold the freehold and the leasehold as a package, but with the lease preserved by a legal clause, precisely to retain these obligations.

Or you have a freehold with covenants. Suspect it is this, intended to mimic the leasehold's most important parts.

Structure slightly different, you are freehold in both but you owe obligations to a third party in both. How meaningful those obligations are depends on a few things, not least how interested the third party is in enforcing them (they aren't laws or anything!).

You need to understand this, so go back to solicitor and ask.

Nothing here is that weird but you should understand in what ways your freehold is encumbered by extra obligations.

Prothet_of_Doom

I don't want to be rude, but it is all pretty standard stuff. YES you can erect a temporary structure as long as it does not cause a nuisance. Marquee, would hardly damage the land.
You can build an extension as it's for living in, but you have to ask permission to build a garage or shed.


Our freehold conditions say we can't keep livestock or store a caravan in front of the building line.
Previous house said we couldn't extend or modify the house in first 5 years without permission of the builder.

princeofpounds

It isn't really standard for a freehold; any covenant is a deviation from the basic form of ownership. I would rather say it is just not that unusual.

Furthermore, they aren't 'conditions'. They are (most likely) covenants and understanding how they specifically work legally is important. Especially when money can be involved.

Land_Registry

Your solicitor will have checked the registered details and presumably confirmed whether it is freehold, leasehold or both. You can also check online if you wish and a search against the address would reveal which tenure is available to view without charging you. If you then viewed the information it would cost £3 for each register viewed.

If we work on the basis that the owner bought the freehold and then merged the lease back into it as they were in the same ownership then you could have just a single freehold title.

If that happened then any restrictive covenants, as these would appear to be what you are referring to as princeofpounds states, that affected the leasehold title may have been added to the freehold version unless of course they were already replicated.

Often such covenants appear on both titles anyway unless of course they were contained within the Lease itself.

The registered title(s) should reveal all if these are indeed restrictive covenants. But if they are conditions as you state and taken from something else then I would suggest checking again with your solicitor

d0nkeyk0ng

Land_Registry_representative wrote: »

Your solicitor will have checked the registered details and presumably confirmed whether it is freehold, leasehold or both.

The solicitor's letter states it is freehold. It was advertised as freehold, and I put in my offer on this basis.

Land_Registry_representative wrote: »

You can also check online if you wish

This states the tenure is a freehold.

Land_Registry

Then it's freehold and if they are registered restrictive covenants then the register (the C Charges Register) will refer.
If the register makes no mention then I would be asking my solicitor on what basis I am bound by the conditions.

However I suspect they are registered against the freehold title as why would they have mentioned them?

d0nkeyk0ng

Land_Registry_representative wrote: »

If you then viewed the information it would cost £3 for each register viewed.

If we work on the basis that the owner bought the freehold and then merged the lease back into it as they were in the same ownership then you could have just a single freehold title.

If that happened then any restrictive covenants, as these would appear to be what you are referring to as princeofpounds states, that affected the leasehold title may have been added to the freehold version unless of course they were already replicated.

The title states that the freehold land is marked in red, and that the "land has the benefit of the rights granted by but is subject to the rights reserved by the transfer dated (date) referred to in the charges register"

The Title Absolute gives the name of the owner of the house, the price paid and has a restriction "No disposition of the registered estate by
the proprietor of the registered estate is to be registered without a
written consent signed by the proprietor for the time being of the
Charge dated (date) in favour of (loan company) referred to in the Charges Register"

Under Charges Register,
A Transfer of the land in this title dated (date) made between (1) and (2) contains restrictive covenants.
NOTE: Original filed.
2 (date) REGISTERED CHARGE dated (date)
3 (date) Proprietor: (company)

All very confusing for me esp as FTB. This doesn't look like a proper freehold, but a leasehold land and freehold building merged together so the whole thing is freehold but the covenants are still in place. Am I correct?

I will check with the solicitors as we need to meet up anyway for looking at contracts/exchange.

Land_Registry

The Transfer is the key document in relation to your post as that contains the covenants and easements. They are in place as a result but you would need to see the actual contents of the Transfer to understand what they are etc
I suspect the conditions you have listed are referred to in that document as covenants and your solicitor will have a copy. The Transfer is not available online but can be requested by post.

Such things can be confusing for FTBs and even those who have bought and sold many times. I'm not too sure what on the register makes you think 'it doesn't look like a proper freehold ' though.

Your solicitor will, I am sure, be able to clarify things for you though