Cant sell my house - help!!

Leeroy123

Hi all, first time posting and hoping for some support! I’ve had a nightmare with a new build house from Morris homes, purchased in 2017. I paid around £5000 extra at the time of purchase for the privilege of having the freehold - as I didn’t want to pay annual fees and also I knew this would help with the sale of the property if I chose to do so. Fast forward to today and I have had my property on the market for a while, received an acceptable offer and proceeded with selling my house. Unfortunately I have been unable to do so. There are 7 other parties listed on the land registry and a restriction to sell. Long story short, the freehold which I paid £5000 for hasn’t been executed.
My current solicitor is trying to contact the 7 parties for them to agree to be removed, I think this might take a while to happen, if it ever will.
Morris contacted the land registry to inform them there should be no restrictions. The land registry wouldnt accept this.
I contacted Morris who have denied any issue being theirs and stated I should contact my original buying solicitor (a solicitor recommended by them) which I am doing. I’m pretty sure these will also deny liability.
Question is, who would be at fault for this and more importantly - where do I go from here to get this resolved. It’s causing me so much stress, no party so far has been interested in helping me whatsoever.
I’m hoping one of you MSE forum legends can give me some guidance, this is the first house I’ve purchased and it’s been a disaster.

elsien

What do you have in writing to prove that the £5000 was for the freehold? Presumably there was a contract - what did that say?

G_M

Who are the 7 parties and what does the LR show they own? Leases or what?

Leeroy123

Thanks for your reply, to hand I currently have a completion statement showing I have paid for freehold (it’s on a seperate line to the propert price) and a letter from Morris to my solicitor i used when buying the house that reads:
“As your client has also completed their purchase of the freehold reversion we enclose the transfer duly executed by all parties together with the counterpart lease.”

G_M

Leeroy123 wrote: »

“As your client has also completed their purchase of the freehold reversion we enclose the transfer duly executed by all parties together with the counterpart lease.”

So your solicitor should have submitted that to the Land Registry. If they did not, follow their complaints procedure.

Leeroy123

Hi thanks for replying.
The detail I have from land registry reads:
Restriction no disposition of the registered estate.
Proprietorship registry continued
(Other than a charge) by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered without a certificate signed on behalf of Sutton and Sons st helens
Alfred Michael Sutton
Timothy Nicholas Broadhurst
Nicola Helen Broadhurst
John Stephen Jackson
Trustees of the will of Diane Patricia Broadhurst
And Morris homes.

Theres a bit of mumbo jumbo in there but thats the summary...

Leeroy123

Thanks I’ll contact them in the morning lets hope they accept they are at fault, so far nobodys been willing to help. Thanks for your advice!

Kyresa

Leeroy123 wrote: »

Hi thanks for replying.
The detail I have from land registry reads:
Restriction no disposition of the registered estate.
Proprietorship registry continued
(Other than a charge) by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered without a certificate signed on behalf of Sutton and Sons st helens
Alfred Michael Sutton
Timothy Nicholas Broadhurst
Nicola Helen Broadhurst
John Stephen Jackson
Trustees of the will of Diane Patricia Broadhurst
And Morris homes.

Theres a bit of mumbo jumbo in there but thats the summary...

That doesn't mean you don't own the freehold.

That is most likely a clause in the Transfer you originally signed. It's a restriction same as a management company restriction. In a management company's case it's so they have notification of the new owner so they know where to send the future invoices to!

sal_III

I'm not an expert, but sounds like the charge is for a notification, likely to the management company of the estate. You don't need to get the parties removed you just need to get a certificate from them.

Doesn't mean you don't have the freehold.

I don't think your sale solicitor is doing a good job if he can't handle this.