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My freehold house has a lease on it?
Comments
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When did you buy the property?0
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Did you buy the property from Mr and Mrs C or was it a probate sale?
Is the solicitor who acted for you in the purchase still in business?0 -
IMHO that lease, whatever it might have been, has ceased to exist a long time ago.
However, I suppose that the Land Registry will not take your word for it and remove the charge from the title.0 -
The odds are that it will be difficult to unravel now that Mr JC and Mrs EC have passed away as presumably they would have known about the lease and had the details.
It sounds as if the lease was noted only and not registered in it's own right and that when the freehold title was first registered the lease's existence was revealed but no further details submitted.
If that is the case then there are probably two options.
Either apply to have the noted lease cancelled - your solicitor should be able to advise on this re what is required as it is likely to be necessary to demonstrate how in essence the lease has been surrendered by Mr and Mrs C and their beneficiaries for example. I'm afraid it cannot simply be assumed that the interest is no more in such circumstances.
or Indemnify the purchaser against someone coming forward and claiming that they now own the lease as mentioned.
In hindsight the issue should have been raised when you bought the property and you would have been faced with the same situation - whilst this may give you some comfort re the risks of anyone coming forward as suggested that won't be enough for the buyer I suspect now that their conveyancer has spotted it. As such it is likely that you either remove that risk or you insure them against it.
Do rely on your legal advice here though as they will have to ultimately satisfy the buyer“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
I think it is clear that the interest is no more.
Clearly, both parties of the lease have long stopped behaving in a manner compatible with the lease continuing so it has been surrendered by operation of law.
Of course the point is to gather evidence that will convince the land registry.0
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