Buying freehold of Victorian house (with garden as additional freehold property?)

CWNW

booksurr wrote: »

lets see if this thread comes up on the Land Registry rep monitoring and hope they decide to answer

I've been doing a lot of searches about this and the only I came up with is that when a property doesn't come up on the land registry page, it probably means that it hasn't been registered. Booksurr's comment nailed it - since the leasehold is registered, you'll expect the freehold to be registered too.

If the freehold is unregistered, Is it at all possible that the land is on a separate freehold from the house and our leasehold straddles the two freehold without knowing?

G_M

Possible yes - but I'm still not clear whether you've read your lease yet.

What does it say?

CWNW

G_M wrote: »

Possible yes - but I'm still not clear whether you've read your lease yet.

What does it say?

This is what it says:

This register describes the land and estate comprised in the title. Except as mentioned below, the title includes any legal easements granted by the registered lease but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.

1. The Leasehold land shown edged with red on the plan of the above Title filed at the Registry and being (address)

NOTE: As to the part tinted blue on the filed plan only the ground floor flat is included in the title.

2. Short particulars of the lease(s) (or under-lease(s)) under which the land is held:
Date : did/mm/yyyy
Term : xx years from dd mm yyyy
Rent : £xx rising to £xxx
Parties : (1) Managing company name
(2) Name

3. There are excepted from the effect of registration all estates, rights, interests, powers and remedies arising upon, or by reason of, any dealing made in breach of the prohibition or restriction against dealings therewith inter vivos contained in the Lease.

4. Unless otherwise mentioned the title includes any legal easements granted by the registered lease(s) but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.

So my understanding is we own the leasehold of land and ground floor of the building. The redline drawing shows a red line around the entire plot of land and the tinted blue area is the building. Is my understanding correct?

I don't fully understand point 3 & 4 however.

Land_Registry

There are several potential scenarios here, but as has been said in previous posts the key point is what does your lease say, and also what has been registered with us, freehold and leasehold. It is possible for a freehold to be unregistered and a leasehold registered. It ought to be possible by looking at the lease and the register and title plan for your leasehold - and also the freehold if it is registered - what is registered, what isn't and what is included. I think you need to speak to us directly about this, and suggest you contact us here:


http://landregistry.custhelp.com/app/contactus_general/


The question of why the freeholder looks to be seeking a separate price for the freehold of the garden ground is not something we can help with I'm afraid.


Not sure what the 'n/a' may relate to without more information. Was that seen on our Find a Property service or another service?

G_M

CWNW wrote: »

This is what it says:

This register describes the land and estate comprised in the title. Except as mentioned below, the title includes any legal easements granted by the registered lease but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.

1. The Leasehold land shown edged with red on the plan of the above Title filed at the Registry and being (address)

NOTE: As to the part tinted blue on the filed plan only the ground floor flat is included in the title.

2. Short particulars of the lease(s) (or under-lease(s)) under which the land is held:
Date : did/mm/yyyy
Term : xx years from dd mm yyyy
Rent : £xx rising to £xxx
Parties : (1) Managing company name
(2) Name

3. There are excepted from the effect of registration all estates, rights, interests, powers and remedies arising upon, or by reason of, any dealing made in breach of the prohibition or restriction against dealings therewith inter vivos contained in the Lease.

4. Unless otherwise mentioned the title includes any legal easements granted by the registered lease(s) but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.

So my understanding is we own the leasehold of land and ground floor of the building. The redline drawing shows a red line around the entire plot of land and the tinted blue area is the building. Is my understanding correct?

I don't fully understand point 3 & 4 however.

That is NOT the lease.

That is the registered (leasehold) Title at the Land Registry.

It refers to the lease (" the title includes any legal easements granted by the registered lease") but as repeatedly advised, you need to read the lease itself.

CWNW

G_M wrote: »

That is NOT the lease.

That is the registered (leasehold) Title at the Land Registry.

It refers to the lease (" the title includes any legal easements granted by the registered lease") but as repeatedly advised, you need to read the lease itself.

Thanks for your feedback. I had no idea this wasn't the lease as it was what was given to us when we requested a copy of the lease.

We will look into it.

As it stands now, our solicitors agrees with our viewpoint and has challenged the freeholders.