Leasehold, Freehold, Missing Wall Argh!!!

DrSpendLittle

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lincroft1710

Where is the wall in relation to the house?

DrSpendLittle

Front of the house, adjacent to the road / footpath.

davidmcn

Do the solicitors agree that the wall is in fact excluded from the freehold title? How has that been done in the property description?

DrSpendLittle

Thanks, issue dealt with, removed details to preserve anonymity!

lincroft1710

I would leave this for the solicitors to sort out. I tend to agree with your solicitor, that it isn't really a problem

[Deleted User]

I wonder if you could offer to remove the wall? Probably a silly idea but one I'd be tempted to make to throw reality at the buyers solicitor.

G_M

Surely it's not really an issue of the physical wall itself, but the land on which it stands?

As I understand it, it is the Plans of the land on which the wall sits that differ in the respective Titles.

So 'removing the wall' does not help - the land on which it stands, or stood, would still be excluded from the freehold Title.

I'm a bit confused about the respecive Titles. You refer to:


1) the retired Developer's freehold title - who now owns this? Does it cover the wall?
2) the freehold of the communal areas owned by the residents-owned maintenance comany (or is this leasehold?)
3) a missing Head Lease - owned by....? which includs the wall.
4) the freehold to your property which you bought from the developer - no wall
5) the freehold to your neighbour's property which they bought from the developer - no wall
6) the leasehold to your property which you originally bought way back sometime - including wall
7) the leasehold to your neighbour's property which they originally bought way back sometime - including wall


some clarity needed!

DrSpendLittle

Thanks, issue dealt with, removed details to preserve anonymity!

G_M

OK - a bit clearer, bt still some anomalies.

a) If the developer owns a lease, which includes the wall-land, who now owns the freehold? (the fact that developer is retired is irrelevant unless he has sold his lease on).?


You say "The land however also appears in ours, our neighbours and the maintenance company's freehold titles" but that is either a huge Land Registry error, or you are mistaken. No specific bit of land can be owned, freehold, in 3 separate Titles.


Have you actually got the freehold Titles of all 3, looked at the 3 Plans, and identified the wall-land as being included in all 3? If yes, contact the LR as there is an error.

b) You also say:
"we got the LR to remove the land on which our house sits from the developers title." So your house was included in the developer's lease, but now is not. You own both the freehold and the leasehold to your house.

Do your freehold Title and leasehold Title Plans match?

c) You also say:
"....the communal areas owned by the residents-owned maintenance comany .

Its freehold, title absolute .... It specifically excludes the wall on the title plan. Yet further up you said:
"The land however also appears in .... and the maintenance company's freehold title."


So does the wall-land appear within the freehold Title Plan of the R-O M co.? Yes or no?


d) the missing Head Lease.
I assume that there are 3 sub-leases beneath the Head lease?
1) the developer's lease
2) your house lease
3) your neighbour'shouse lease.


and the Head Lease seems to be subservient to 3 freeholds:
1) the R-O M co
2) your freehold house
3) neighbiur's freehold house


Seems very messy all round!


Needs a number of solicitors (yours, neighbours, R-O M co's and possibly current owner of Head Lease if found) to amend the appropriate Plan(s) to identify who owns the freehold of the wall-land.


Whether your buyer (their solicitor and/or lender) will be happy to do this after purchase is up to them, but it does need resolving.


Hopefully your solicito will have a better grasp than me on both who owns what and how to resolve!

DrSpendLittle

Thanks, issue dealt with, removed details to preserve anonymity!