How to remove registered lease from title?

matt-c_2

Hi

My partner and I are trying to buy a property that currently has a title defect.

The original owner (not the person selling the property now) appears to have brought the property leasehold and then brought the freehold at a later date never having merged the two titles.

On the title deeds now there is still a reference for this lease in the original owners names and we need to get this off before moving forwards (and by we, I mean the sellers solicitor - however 6 months in and they still haven't been able to get it sorted).

So far Land Registry have rejected any attempts to remove the note of the lease from the title but we don't know what has been attempted.

Is there anything that I can pass on to the solicitors as they all seem to be at a loss


Thanks
Matt

D_M_E

Did the current owner buy both the freehold and the leasehold off the original owner?

If so, then you do the same - buy both freehold and leasehold off current owner and pay your solicitor a few extra quid to merge both titles.

What does it say about who owns what on the Land Registry title - have you asked your solicitor this?

davidmcn

Surely the seller's solicitors know what they've already tried? What are they actually saying?

As above, do the titles really need to be merged anyway? You could just buy both interests.

matt-c_2

Thank you both for the replies. The current owner only has the freehold title. There is a lease noted on this freehold title to a previous owner who moved out of the property some 20 years ago.

Our solicitor will not let us proceed with the purchase with this noted lease on the title as there is the risk that the people who's are named as the leaseholders could come knocking on the door claiming ownership.

All we know is that the sellers solicitor has made some attempts to rectify the title but none have been successful, we have no idea what they have tried however.

davidmcn

matt-c wrote: »

All we know is that the sellers solicitor has made some attempts to rectify the title but none have been successful, we have no idea what they have tried however.

Well, obviously neither do we! Your solicitors need to discuss with theirs. If they're refusing to talk then I would have moved on long before 6 months passed.