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

propertyrental

A freehold does not have a start date, or  a term (99 years or whatever), or an end date If you own the freehold that is for ever.

The lease may be 99 years from 1936. Who is named as the leaseholder? You? the council? Why not quote in full the details of the lease from the leasehold title, and indeed the part of the freehold title tat refers to the lease and the £10 charge?

Trying to give specific advice on he basis of vague explanations is difficult at best, unwise at worst!

ESOTP

Land_Registry said:

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

Thank you very much. I have sent the message.

ESOTP

saajan_12 said:

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?

Thank you for your response. I did query it but was assured that the property is freehold and that all persons on my side of the road pay this charge due to the access track. I sincerely hope it is a rent charge but there are three documents on land registry, one for freehold which names me as the owner. Two for leasehold and only one of these names the council. Yes I did mean the leasehold is for 99 years, apologies.

Land registry have kindly suggested I message them for a check on the situation. If this doesn't clarify matters then I shall go back to the original solicitor. Thank you for taking the time to reply.

ThisIsWeird

ESOTP, is this an additional access track, purely optional for accessing the rear of your property? Ie, do also have full separate access to the 'front'?

propertyrental

ESOTP said:

saajan_12 said:

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?

Land registry have kindly suggested I message them for a check on the situation. If this doesn't clarify matters then I shall go back to the original solicitor. Thank you for taking the time to reply.

Let us know what the LR find out and whether/how you resolve this..
It's always nice to see issues concluded, and often helps others with similar problems.

Land_Registry

propertyrental said:

ESOTP said:

saajan_12 said:

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?

Land registry have kindly suggested I message them for a check on the situation. If this doesn't clarify matters then I shall go back to the original solicitor. Thank you for taking the time to reply.

Let us know what the LR find out and whether/how you resolve this..
It's always nice to see issues concluded, and often helps others with similar problems.

In basic terms there’s a Freehold, head lease and sub lease. OP owns the freehold and sub lease so needs to speak to conveyancer to confirm and to clarify why it perhaps wasn’t dealt with when purchasing the property. Could be a simple reason but something to dig into and investigate to see what’s needed 

ESOTP

Apologies for the late reply and thank you again to all for your messages.

I have only just got a response that the property is Freehold. It was originally leasehold and the previous owners purchased the Freehold. At this point the headlease should have transferred to them but this didn't happen. The process of this taking place is now to happen.

HampshireH

ESOTP said:

Apologies for the late reply and thank you again to all for your messages.

I have only just got a response that the property is Freehold. It was originally leasehold and the previous owners purchased the Freehold. At this point the headlease should have transferred to them but this didn't happen. The process of this taking place is now to happen.

With a potential refund from the council hopefully 🙂