How can I own the Freehold but still have to pay a lease?

ESOTP

Hello all.

I would be grateful for any advice.

I obtained a mortgage for a property in 2013 and was told by the conveyancing solicitor that it was freehold. She later mentioned on completion that there was a £10 per year charge to the council as there is an access track to the rear of the property. I feel naive but I was most definitely assured that the property was fully freehold.

I have checked land registry and it stipulates that the property is both freehold and leasehold. It names me as owning the freehold in one title deed. Another title deed references the £10 per year lease to the council.

I am unsure as to how this could be the situation if I am the freeholder. I know I will likely need to contact my original solicitor but this situation does not fill with confidence so any information and advice would be of great benefit to me before I contact them.

Also, the freehold started in 1936 for 99 years. What would happen in 2035 once the leasehold ends?

Thank you in advance.

CSI_Yorkshire

Do the freehold title and the leasehold title refer to the same physical boundaries?

Or do you own the freehold of the property and the leasehold of the access track?

ESOTP

CSI_Yorkshire said:

Do the freehold title and the leasehold title refer to the same physical boundaries?

Or do you own the freehold of the property and the leasehold of the access track?

Thank you for replying. The title deeds for both the freehold and leasehold show the same physical boundaries which adds to my confusion.

Jonboy_1984

What does the lease state in the second section, which defines the property the lease covers?

NameUnavailable

ESOTP said:

Hello all.

I would be grateful for any advice.


Also, the freehold started in 1936 for 99 years. What would happen in 2035 once the leasehold ends?

Thank you in advance.

I think you are a bit confused - a freehold won't have a term. I suspect your have a lease of 99 years for the access.

When it ends you no longer have that access - unless you negotiate a new lease.

user1977

ESOTP said:

I obtained a mortgage for a property in 2013 and was told by the conveyancing solicitor that it was freehold. She later mentioned on completion that there was a £10 per year charge to the council as there is an access track to the rear of the property. I feel naive but I was most definitely assured that the property was fully freehold.

Did you not get any written advice from her about what you were buying?

ESOTP

NameUnavailable said:

ESOTP said:

Hello all.

I would be grateful for any advice.


Also, the freehold started in 1936 for 99 years. What would happen in 2035 once the leasehold ends?

Thank you in advance.

I think you are a bit confused - a freehold won't have a term. I suspect your have a lease of 99 years for the access.

When it ends you no longer have that access - unless you negotiate a new lease.

Thank you for your reply. I am not confused as there are two separate documents on land registry for the property. One which confirms I am the freeholder. Another which stipulates leasehold with a payment of £10 to be made each year to the Council. I have been making this payment and have recently contacted the council who have confirmed they are not the freeholder and that I am.

ESOTP

Jonboy_1984 said:

What does the lease state in the second section, which defines the property the lease covers?

It just says it covers the area in red but the freehold also states this and both documents cover both areas.

ESOTP

user1977 said:

ESOTP said:

I obtained a mortgage for a property in 2013 and was told by the conveyancing solicitor that it was freehold. She later mentioned on completion that there was a £10 per year charge to the council as there is an access track to the rear of the property. I feel naive but I was most definitely assured that the property was fully freehold.

Did you not get any written advice from her about what you were buying?

She didn't provide anything unfortunately.

Land_Registry

Do you want to DM us the title numbers you have and we can try to explain what you have? 

saajan_12

ESOTP said:

Hello all.

I would be grateful for any advice.

I obtained a mortgage for a property in 2013 and was told by the conveyancing solicitor that it was freehold. She later mentioned on completion that there was a £10 per year charge to the council as there is an access track to the rear of the property. I feel naive but I was most definitely assured that the property was fully freehold. - did you not query this when buying the property? 

I have checked land registry and it stipulates that the property is both freehold and leasehold. It names me as owning the freehold in one title deed. Another title deed references the £10 per year lease to the council. - could this be an estate rent charge rather than a leasehold? 

I am unsure as to how this could be the situation if I am the freeholder. I know I will likely need to contact my original solicitor but this situation does not fill with confidence so any information and advice would be of great benefit to me before I contact them.

Also, the freehold started in 1936 for 99 years. What would happen in 2035 once the leasehold ends? - I assume you mean leasehold was 99 years, not freehold

Thank you in advance.

Comments in line.. could it have been a rent charge, not a lease?