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Issue with Freeholder denying they own block of flats!

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  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Thank you Firefox I really appreciate your reply.

    The original developer have been looking into this for several weeks now but cite as the sale was so long ago (2011?!) they have no records and everyone that would have worked there at the time has left. You really couldn't make it up. You would have thought despite this there must be a record somewhere of whom they sold the freehold to!?

    My thoughts (hopes) are that it was simply overlooked during the process of transfer and that it should be resolved relatively easily so I can sell the property. Last year they confirmed in writing that it appeared they were still the owner then a matter of 12 months later they seem to have changed their mind. Its so frustrating!

    It is difficult to follow the story because you are paraphrasing. Natural and normal, but it is just possible 'the devil is in the detail' (exact wording, even a crazy misunderstanding).

    On what grounds is the developer claiming not to be the freeholder? Who (job title/ seniority) said what, exactly? Could the wording of leaseholders questions or solicitors questions have inadvertently lead current staff at the developer to believe they sold the building?

    If the developer is still listed on Land Registry AND they have NO evidence or records of selling the property, NO member of staff who remembers it, and NO other freeholder has come forward in eight years .... I cannot see how the developer can legally or logically claim they are not your freeholder! :p

    Is there much on identifying or finding an absentee freeholder/ superior landlord on the Leasehold Advisory Service website? They do (or did a few years ago) offer free brief legal advice to leaseholders. To get the best from that you need your 'ducks in a row': all paperwork to hand and organised.

    Ideally the key facts summarised. Date/ name/ job title/ company/ method of communication/ word for word question / word for word response. Then the LEASE legal advisor has an accurate picture, and you can question away.

    Trust me I know about stress and anxiety, I know about nightmare freeholders :wall: and nightmare caretakers :wall: and nightmare managing agents! :wall: The best thing I did was be structured and organised in research, letter writing and record keeping. At the very least it is clear for anyone helping you/ giving legal advice now or later (eg. Conveyancer).

    HTH! :)
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
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