Issue with selling property which has two titles, one in the wrong name.

GDB2222

loubel said:

You say you approved the title plan which did show the flying freehold so does that mean you were sent two title plans?

Quite!                            

Fred2023

I have a title plan which shows the boundary of the property in red. I was only sent one title plan. This red boundary includes the first floor of the property boundary as the first floor is bigger than the ground floor due to the flying freehold. The first floor boundary is what I signed for. I was completely unaware when I purchased the house in 2007 that there were two titles (I never knew there were two titles until now when I have come to sell it)

user1977

Fred2023 said:

I have a title plan which shows the boundary of the property in red. I was only sent one title plan. This red boundary includes the first floor of the property boundary as the first floor is bigger than the ground floor due to the flying freehold. The first floor boundary is what I signed for.

In other words, the solicitor ought to have been able to figure out for themselves from looking at the plan that there was a flying freehold involved? And presumably never brought this up?

Not that it helps you much in the practicalities of sorting it out, but at least suggests there was negligence involved.

propertyrental

Fred2023 said:

I have a title plan which shows the boundary of the property in red. I was only sent one title plan. This red boundary includes the first floor of the property boundary as the first floor is bigger than the ground floor due to the flying freehold. The first floor boundary is what I signed for. I was completely unaware when I purchased the house in 2007 that there were two titles (I never knew there were two titles until now when I have come to sell it)

I'm confused. If the Plan you saw, and bought the title for, includes the FF, then what area does the 2nd Title cover? I assume you have a copy of it.

user1977

propertyrental said:

Fred2023 said:

I have a title plan which shows the boundary of the property in red. I was only sent one title plan. This red boundary includes the first floor of the property boundary as the first floor is bigger than the ground floor due to the flying freehold. The first floor boundary is what I signed for. I was completely unaware when I purchased the house in 2007 that there were two titles (I never knew there were two titles until now when I have come to sell it)

I'm confused. If the Plan you saw, and bought the title for, includes the FF, then what area does the 2nd Title cover? I assume you have a copy of it.

I think the second title is the freehold under the "flying" section of the first floor. Maybe it contains more than just that.

loubel

Previously the OP said that it's the bedroom over a public path that's on a second title so I'm still unclear. If it's the path underneath the property that's the issue then the advice given would be quite different to if it's part of the house itself...

propertyrental

OP really needs to come back and clarify the extat of each of the two titles.

Ideally maybe also attach the two Plans for us to see as well.

Fred2023

I have given all my paperwork to solicitor but from what I recall I only have one plan and one title. From what I understand that the main part of the house is on one title and the small part of the bedroom that overhangs the footpath is on a second title. The map I have of the property which shows the boundary in red (and I which I put my signature on)includes the whole of the property i.e includes the part of the boundary that overhangs the footpath. So I don't have two plans.
This was some time ago, and yes perhaps some of it was down to me for this mistake (I don't know how as I just did what I thought was right at the time) but what I am more concerned about at the moment is how I resolve this.
If the female party who I bought the house from would just sign the form then all this matter can be sorted, but to this day she is not cooperating in the slightest.

user1977

And has your current solicitor advised that the only way to make the property marketable is to get this second title transferred to you? As I understand flying freeholds (if that's the only issue) are generally acceptable within certain parameters.

propertyrental

Fred2023 said:

.......the main part of the house is on one title and the small part of the bedroom that overhangs the footpath is on a second title.

The map I have of the property which shows the boundary in red (and I which I put my signature on)includes the whole of the property i.e includes the part of the boundary that overhangs the footpath.

So I don't have two plans.
...

Well which is it?

Why not sprnd £3 at the Land Registry, and buy the Plan for the 2nd title. Better still spend another £3 and buy the title too. Then at least you, and we, may understand the issue.

May not be able to solve it, nut understanding is a step forward

https://www.gov.uk/search-property-information-land-registry