We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Leasehold garage but there is no lease
Winterstale
Posts: 4 Newbie
Please can anyone give me some advice? We bought a freehold property with a leasehold garage a few years ago. We purchased from the previous owners who bought the house newbuild.
It transpires that during the purchase our conveyancer has transferred the house without transferring the lease for the garage, despite there being a restrictive covenant to prevent the transfer of one without the other.
The people we bought from never got a lease in the first place. So it seems that there is no lease for the garage at all; the company who were supposed to be the leaseholders do not have any record of this garage. The conveyancer have contacted the house builders but they have not replied after two months.
What can I do? If I haven’t got the lease to the garage I would be unable to sell the house as this would breach the covenant. I just want to get the lease issue resolved.
It transpires that during the purchase our conveyancer has transferred the house without transferring the lease for the garage, despite there being a restrictive covenant to prevent the transfer of one without the other.
The people we bought from never got a lease in the first place. So it seems that there is no lease for the garage at all; the company who were supposed to be the leaseholders do not have any record of this garage. The conveyancer have contacted the house builders but they have not replied after two months.
What can I do? If I haven’t got the lease to the garage I would be unable to sell the house as this would breach the covenant. I just want to get the lease issue resolved.
0
Comments
-
Surely if there is no lease, and the !!!8216;leaseholders!!!8217; have no record of being leaseholders, after 12 years you could apply to the Land registry for possessory title (ie adverse possession)?3.6kWp Solar PV with 14kWh battery storage - Octopus Go Faster 5h & Octopus Gas Tracker tariffs.
MyEnergi Eddi Solar diverter & MyEnergi Zappi EV charger0 -
Thank you for your reply. I should point out the garage is under a flat, which is also leasehold. The flat is also above two other leasehold garages, which are registered. Would this have an impact on the adverse possession route?0
-
That complicates things by some factor I!!!8217;d think. Assumed you were referring to a separate garage perhaps in a block.
There must be a freeholder for the building who should be able to resolve the matter even if it!!!8217;s issuing a new lease to you. I cannot imagine the freeholders would be happy about having a portion of their property in limbo.3.6kWp Solar PV with 14kWh battery storage - Octopus Go Faster 5h & Octopus Gas Tracker tariffs.
MyEnergi Eddi Solar diverter & MyEnergi Zappi EV charger0 -
Have you checked with the owners of the flat above the garages?
When some friends of mine had a flat like that they were the freeholders for the garages.0 -
The freeholders are the house builders. They haven’t replied to the conveyensor’s letter so I’m concerned that they don’t actually care. If they could simply issue a new lease to us that would resolve my problem indeed. Is there any reason they wouldn’t do this?0
-
Hi Ciderboy, thank you. In this case the flat is also a leaseholder, they don’t own the freehold.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.4K Banking & Borrowing
- 254.4K Reduce Debt & Boost Income
- 455.4K Spending & Discounts
- 247.3K Work, Benefits & Business
- 604K Mortgages, Homes & Bills
- 178.4K Life & Family
- 261.5K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards