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Negligent Solicitor

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  • Shares in a company that hold the freehold is not share of freehold. Many people I have talk to regarding this seem to think it is the same including the sellers solicitor. My advise is that if you have been sold a "share of freehold" and you received shares, to contact your solicitor as it is miss selling.

    This is a perfectly common and sensible way to setup a shared freehold. Also note that share of freehold also means that the property is leasehold. You just get a share of the freehold.

    A property that was truly share of freehold (no lease) would be a nightmare as you want a lease to set down the rules and give you a mechanism to enforce them on other owners. Banks generally don't lend on such properties.
  • eddddy
    eddddy Posts: 18,021 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    From your posts, I'm not sure if you understand what is generally meant by "Share of Freehold"...
    Share of freehold

    This essentially means that you will have a lease over your flat as well as a share in the freehold of the whole building. This may be a share in a company that owns the freehold. Alternatively the freehold may be held by up to 4 individuals.

    Link: http://www.lease-advice.org/faq/share-of-freehold-2/

    And also see: http://www.lease-advice.org/article/share-of-freehold-when-joint-owners-should-consider-a-declaration-of-trust/
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 12 September 2016 at 9:34AM
    It is fairly common knowledge that having a share of the freehold means you are buying a leasehold property and also a share of the freehold. Plus I might be wrong but I believe whether you own shares in the company that own the freehold or are named as a joint freeholder might be related to the number of properties covered by the freehold and are both valid. It is not miselling. Lease-advice.org is a useful place to find accurate information on leases and freeholds. http://www.lease-advice.org/faq/share-of-freehold-2/
    Don't listen to me, I'm no expert!
  • eddddy
    eddddy Posts: 18,021 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ... also, I owned a property on the corner of two streets.

    The Deeds (Land Registry) gave the address in one street. Everything else - Post Office, Council Tax, Utilities etc - gave the address as the other street.

    My solicitor said it wasn't a problem, and he was right, it never was.

    (And even if it was, I wouldn't expect my solicitor to liaise with the Post Office, Council and utility companies about it.)
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