Owner of Freehold

scar1971

Last week my mum was approached about a freehold she owns. Unbeknown to her when she sold a flat 30 years ago in London the freehold wasn’t discussed and she is still listed as the owner of the freehold.

The current flat owner has approached her about extending/buying the freehold.

I have checked on land registry and it appears she is the freeholder. Which was news to my mum!!!

We have asked the gentleman who has searched out and found my mum what he would like to do and he said first to confirm the my mum is the freeholder which she is. He has asked that we get in touch with his solicitors to confirm proof of identity.

My question is what are reasonable next steps I don’t want my mum to be out of pocket or to incur costs.

Comms69

Your mum has a number of responsibilities such as maintenance; does she own the full freehold or share of freehold?

scar1971

So she didn't know she owned it and has never had or been in contact about it for 30 years. The document shows her as freeholder on both flats that are at that location. The current occupier owns both flats,

Comms69

scar1971 wrote: »

So she didn't know she owned it and has never had or been in contact about it for 30 years. The document shows her as freeholder on both flats that are at that location. The current occupier owns both flats,

Lets hope it doesn't need a new roof!


but on a serious note, she should just sell the freehold.

Tom99

Assuming this is just 2 flats, I would start with spending a few pounds and download the freehold and two leasehold titles and title plans. Also the two leases if the Land Reg has them available.
That way the lease expiry dates and the ground rent can been seen which will give an idea of the freehold value.
If both leases are say 999yrs leases at a peppercorn there will be very little value but they could be leases with 60/70yrs remaining.
Then look at the things the freeholder should have been doing, insuring? repair the structure etc. Can say costs of an expensive repair be charged in advance to the leaseholders or would your mother have to stump up say £10,000 then try and recover it.
The leaseholder may not be disclosing the full facts at this stage.
A drive by if its not too far away
How long has the leaseholder owned each flat? If over 2 yrs they have a statutory right to extend the lease.
Then is all seems ok I can't see a problem in providing the leaseholders solicitor with identity. They may then put some proposal to you but don't agree to anything, just listen and request copy of such documents as they may refer to.
You then should have most of the information needed to decide if you need to appoint your own surveyor re valued and a solicitor.

eddddy

As Tom99 suggests, make enquiries, but your mum shouldn't agree to anything before taking specialist legal advice.

Over the 30 years, the freehold might have become very valuable, and it may be that somebody tries to buy it cheaply.


Perhaps the most important thing to check is the buildings insurance situation.

The lease might require your mum to insure the building - and recover the cost from the leaseholders.

If the building burns down, and your mum hasn't insured it, the leaseholders might sue her.