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Two leaseholds, two freeholds
Matty1966
Posts: 2 Newbie
Just wondering if anyone has come across this before. We were looking to buy a first floor flat (1A) which was advertised as share of freehold with the ground floor flat (1B) below it. But when our solicitor saw the title documents from the Land Registry he discovered that flat 1A owns the freehold to 1B and flat 1B owns the freehold to 1A. I.e. there are two freeholds and each leaseholder owns the "others" freehold. Our solicitor says it should not have been possible to register with two freeholds (and yet it clearly happened and the seller's solicitor apparently does not see anything wrong with it). So, anyone come across this before? Either way, I find it very odd that one flat owns the freehold to the other.
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Matty1966 said:
Our solicitor says it should not have been possible to register with two freeholds (and yet it clearly happened and the seller's solicitor apparently does not see anything wrong with it)Either way, I find it very odd that one flat owns the freehold to the other.
You (and your solicitor) should google 'Tyneside Lease' and/or 'Criss-Cross Lease' and/or 'Reverse Freehold'.
They're fairly unusual. It might be better to find a different solicitor who is familiar with this type of lease.
Where in the country are you, and where in the country is your solicitor?
It's sometimes better to use a local solicitor, who is familiar with 'unusual' types of local property.
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Wow, fascinating - thanks!0
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As edddy says, "should not have been possible to register with two freeholds" is very poor legal advice.
Yes, it's unusual and can present difficulties eg on shared maintenance, but it is relatively common in certain specific areas of the country.0 -
I used to own one of these. From the convencying point of view you do not 'share the freehold'. Your freeholder is the flat above / below. In practical terms it is normally easier to deal with than a remote freeholder. Need to check the provisions for repair / insurance etc. Mine had 999 year lease and £1 ground rent. When you buy you buy the freehold for the other flat so their is a quid pro quo about lease extensions and ground rent!1
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If you own the freehold you can't extend your own lease so it is one way to get around that problem, not sure if there are other reasons for it. How long is the lease?
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