SOS Adverse possesion of Freehold on my leasehold home

ShatteredDad

davidmcn wrote: »

It's probably more useful to check the local authority's website and see if that has a list (or map) of roads they maintain - in any event, just because somebody has title to a road doesn't necessarily mean that the council doesn't maintain the surface. As I said, it would have been checked when you bought anyway.

My road shows as 'adopted' on the council website. I assume that means they are responsible for it, looking at the rest of the roads. Very few show as 'unadopted'

ShatteredDad

OK, so I've read through the lease as best I can seeing as though you need a legal degree to properly decipher it. There part pertaining to the ground rent is below...

For the term of 999 years subject to the covenants and conditions and obligations contained or referred to in a conveyance (herein after called 'the conveyance') dated the tenth day of March one thousand nine and sixty-three and made between 'name' and 'name' of the one part and the lessor of the other part YEILDING AND PAYING therefor yearly during the said term hereby granted First the yearly rent of Eleven pounds to be paid without any deductions except for landlords property tax by equal half yearly payments on 'mentioned dates' and to be proportion calculated from the date hereof AND ALSO YIELDING AND PAYING on demand unto the lessor by way of additional rent a due proportion of the total sum (if any) which the lessor from time to time shall pay or shall have paid for maintaining and keeping up the common areas serving the '****** farm estate' (such proportion to be calculated according to the number of Lessees On the said estate using the same)

So, it does mention additional 'rent' to be paid in the event that the lessor needs to incurs costs for minting Common areas. However, further into the lease it states that this is until such time as the local authority take responsibility, which I'm certain is already the case as there is a common grass area which the council cut and they also maintain the roads and pathways. So I'm not that concerned about that part at this stage.

The part that does concern me is :-

'and to be proportion calculated from the date hereof'

Hopefully I am translating this incorrectly but to me that means there is potential to increase the ground rent. Could anybidy kindly clarify this, I am going to lose sleep tonight. :mad:

ShatteredDad

Excuse the typos - I'm on a mobile now. I meant.... Maintaining, not minting.

davidmcn

"and to be proportion calculated from the date hereof" doesn't make much grammatical sense (does that include some more typos of your own?) but I think just means it's pro rata for partial years. Don't see how it means the rent would increase.

ShatteredDad

No David, no typos there. The lease is written like that all the way through, absolute gibberish in my opinion.

OK, so I see where you are coming from and it makes sense, thanks for that.

I suppose my only question in this regard then is, £11 in the sixties was worth much more than £11 now. Obviously inflation existed 50 years ago so why was this not considered in a thousand year lease, seems strange to me. The whole premise of leasehold properties is baffling me the more I go into it. Seems almost like legalised extortion to me!

SmashedAvacado

When you paid rent, did you pay it to the company claiming the right?

I think i would be objecting on the basis they are not and have not been in possession.

They will certainly be looking to leverage their ownership of the freehold against you by imposing charges etc where they can. If you can object, then do object

AdrianC

SmashedAvacado wrote: »

When you paid rent, did you pay it to the company claiming the right?

I think i would be objecting on the basis they are not and have not been in possession.

They have been in possession. They are simply looking to formalise that possession now.

They will certainly be looking to leverage their ownership of the freehold against you by imposing charges etc where they can. If you can object, then do object

They cannot "leverage" it - the lease only allows for £11/year, no increase. Any maintenance must be justified, must be accounted, and must be carried out.

ShatteredDad

Hi again guys

I paid the ground rent to the solicitors acting on behalf of the claimant.

After completing on the property I was given no details of who the freeholder was actually, and having been thinking of erecting a fence around the front garden, and knowing one of the covenants was not to do anything like that without freeholder permission I Contacted the seller who sent me a copy of his last ground rent invoice.

When I got my invoice, it was from the same solicitor so I didn't think twice about paying it and did so.

Adrian, you can confirm the ground rent is unable to be increased?

After all this I am seriously considering attempting to buy the freehold, can anybody tell me if the process is expensive? How likely are the freeholders to sell? I was hoping they'd be inclined to sell seeing as the ground rent of £11 isn't worth much.

Thanks for all of your help on this

ShatteredDad

And one other question about purchasing the freehold...

Could I approach the current freeholders solicitor directly to make enquiries or would I need a solicitor to do this on my behalf?

Thanks

AdrianC

ShatteredDad wrote: »

Adrian, you can confirm the ground rent is unable to be increased?

From what you've posted here, I see not mechanism to increase it - even by RPI.

After all this I am seriously considering attempting to buy the freehold, can anybody tell me if the process is expensive? How likely are the freeholders to sell?

Ask them... 'course, they'll need to complete the paperwork to get it properly registered into their name first...