Share of freehold house

nttjackson

Hello,

Me and my partner have just had an offer accepted on a 2-bed semi-detached house, that was marketed as freehold. It has a one-bed maisonette built on the back and when we viewed the estate agent said that it just had a shared courtyard. We assumed that each dwelling had it's own freehold.

I bought the title after the offer had been accepted and found out that both the current owner of the house and maisonette have a shared freehold (50 per cent) and each have a separate leasehold of almost 999 years. The estate agent confirmed this was the case, and said they didn't know as the vendor had said freehold. Who knows whose lying!

I've read into it and I know why the maisonette would never have its own freehold (lenders don't like them) but we are now unsure whether we want to continue with the purchase. The estate agent is trying to brush over it, like it's no big deal but our solictor has said that although share of freeholds are not uncommon (mostly flats) it does mean having to cooperate with the other freehold and they could delay a future sale. I've since read lots of horror stories online about sales being held up by joint freeholders not singing over deeds etc.

But we love the house, it's ready to move in to and in the perfect location for us, ideal for the next five years of our lives.

We're trying to get as much info as possible and opinions from different people before we make a decision, so thought I'd post in here, to see if there are any other points we should consider.

Thanks

davidmcn

Is it just the courtyard which is shared or any other parts? If the only "cooperation" you need to get involved with is agreeing once-in-a-blue-moon maintenance etc of the courtyard then I don't see an issue. Assuming there are no odd covenants or other quirks in the lease.

AdrianC

nttjackson wrote: »

Me and my partner have just had an offer accepted on a 2-bed semi-detached house, that was marketed as freehold. It has a one-bed maisonette built on the back

Without seeing exactly how they fit together, that may be hard to have separate freeholds.

Remember, the freeholder owns the land and everything on it.

I bought the title after the offer had been accepted and found out that both the current owner of the house and maisonette have a shared freehold (50 per cent) and each have a separate leasehold of almost 999 years. The estate agent confirmed this was the case, and said they didn't know as the vendor had said freehold. Who knows whose lying!

Nobody's "lying".

Remember, it's your solicitor's job to ascertain that what's being bought is what you think is being bought. The EA doesn't do the legal digging. The vendor may well have thought "Oh, yeh, something about freehold rings a bell.", so nodded and smiled. He isn't wrong - he DOES own the freehold. Just... with somebody else.

The estate agent is trying to brush over it, like it's no big deal but our solictor has said ... it does mean having to cooperate with the other freehold

They're living in a flat stuck on the back of your house - you're going to have to "co-operate" for seamless daily life...

Worrying about the fine detail of freehold negotiations and putative future sales is going to take a second place to simply living in that close proximity.

G_M

I'd be more concerned to establish that the two properties were completely independant physically. Separate gas/electric supplies, water/sewerage, council tax, heating systems etc

If so,I don't really see a problem. Your conveyancer (an you of course) will check the lease for any onerous covenants you might not like, and for details of acces to and liability for maintenance of the shared courtyard etc but these are standard matters.

Either they will be clearly documented, and acceptable, or they will throw up problems in which case that is the time to have 2nd thoughts.


But at this stage I see no problem from what you've said so far.

nttjackson

I believe on the lease it’s just the courtyard and side path that is shared, but as we would both be freeholders then essentially all the land that the house and maisonette stand on is shared 50/50.

The people who own the maisonette don’t live in it as they rent it out. I don’t think I’m as concerned about day to day living, as we would get the solictor to go over who is liable for what etc, but I’ve read a lot of stories about people selling and the joint freeholder not signing forms to transfer the title deed and it holding up a sale. Also just worried in general that future potential buyers could be put off as it’s unusual to have a house that is share of freehold. Thanks

AdrianC

nttjackson wrote: »

but as we would both be freeholders then essentially all the land that the house and maisonette stand on is shared 50/50.

That doesn't mean that they have any rights of access - or, indeed, any responsibility for maintenance.

That'll all be defined within the leases.