Please help house purchase mess with Freehold

ftsos

Hello Everyone,

I have a very bad situation. I bought a property about 4 years ago thinking it was Freehold. I would not have bought it if I thought it was Leasehold. Recently, I have found out that it is Leasehold. I remember clearly asking the solicitors to confirm with me that it was a Freehold which they did. Now, somewhere along the line a mistake was made.

I am extremely angry at myself if it was just me who made the mistake. However, I am 100% sure that the solicitors confirmed to me that it was a Freehold. I normally send questions to them via email. Now the main problem is that I no longer have those old emails as an old company email was used. Is there anyway I can get the solicitors to send me the email correspondence? For example using the Data Protection Act etc? I feel if I can get copies of those old emails I can prove my case.

Also I am concerned if the solicitors had a mistake, they won't want to share the emails they conversations they had with me.

I am really stuck, and need some advice please. I am so angry at myself and I am wondering how I let this happen!

davidmcn

Have you checked the freehold title? We've had at least one problem recently where it turned out the buyer owned both the freehold and leasehold.

In answer to your question, yes your solicitor should still have your file and you're entitled to a copy of it.

G_M

I would be astonished if, at some point during the conveyancing process, the solicitors had not sent you a copy of the property title to review.

This is standard practice, indeed fundamental to conveyancing.

And the Title would have said clearly "All that Freehold property at [address]" or "Leasehold".

Of course, if you did not read the Title carefully, or at all............

Pay £6 (£3 each) and download both the leasehold and freehold Titles fom the Land Registry here.

Rain_Shadow

Is there nothing in the actual paperwork you were sent?


Edit: Beaten to it by G_M.

hazyjo

Was it a new build?


Check this (free) link to see if it says it's freehold/leasehold/both. You'll need to register:


https://search-property-information.service.gov.uk/drv/search


Jx

ftsos

@davidmcn , I have downloaded a copy from the Land Registry, and they are right, and it does show them as the Freehold owner. However, many of the properties on the estate was sold as Freehold and I know this. And I repeatedly asked my solicitors the question "is it freehold" to which they said yes. I have to be honest, I get lost in legal paperwork, so hence why I have to employ a solicitor to interpret it for me. So if they tell me something is true, I will take it so, as I have employed them to check the documents properly.

Now, there is 2 points here:

1) How do I go about asking for email correspondence between me and them? Are they obliged to give it to me. As a law firm I believe they have to keep records for many years, and have them backed up.

2) Secondly, say I was right, and they told me it was Freehold, then do I have case against them or someone?

ftsos

To everyone, as I said, I could have messed up badly. And I know that. I am seriously angry at myself. However, I can't get myself worked up about it because I ended up hospital last weekend because something to do with heart etc.

However, I know my gut instinct, I am fairly confident that I was told that it was Freehold by them. Now you are right, they could have sent me the title deed and I may not have read it properly, if they had said to me its a Freehold and I didn't read the title deed properly, do I have any case, because I relying on them to interpret the title deed for me.

eddddy

You can make a Subject Access Request to the solicitors for a fee of £10.

They then have to provide you with a copy of all information they have about you, which should include any email correspondence to or from you.

davidmcn

ftsos wrote: »

@davidmcn , I have downloaded a copy from the Land Registry, and they are right, and it does show them as the Freehold owner.

Who are "them"?

1) How do I go about asking for email correspondence between me and them?

Just ask your solicitors. There aren't any magic words. Check your facts first before worrying about the next step.

gembert83

Just ask your solicitors for a copy of the correspondence between them and you. Solicitors are obliged to keep your files (some comply with this by scanning it onto their system so an electronic copy is available). Just give them a call or an email and request a copy of the contract report/letter that reported on the legal title so you can see what they advised you.

davidmcn

eddddy wrote: »

You can make a Subject Access Request to the solicitors for a fee of £10.

They then have to provide you with a copy of all information they have about you, which should include any email correspondence to or from you.

True that clients are a data subject, but their rights go beyond that - effectively the solicitor's file is their file, so they're entitled to the whole thing.