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Confusion re: a property sale of a flat
ClareAshton
Posts: 7 Forumite
Hi
We are currently in the process of selling my late aunt's first floor flat. This is a part of a house built in the 1920's and both properties are owned by separate people, it is a freehold property - apparently, according to the estate agent, this is fairly common, and is referred to as a flying freehold
There is a restriction stating that neither flat can be sold without permission of the other flat owner, I think it's to do with what area of the property each owner is responsible for. However, the cost for any remedial work is carried by both flat owners
When I looked at the Land Registry title for the ground floor flat, there is a Register Charge listing Santander as the owner of this property
I am not sure how this affects the sale? Given the title for the first floor flat states it can't be sold whithout the propertior of the ground floor giving permission, does that mean Santander has to give the permission?
We are currently in the process of selling my late aunt's first floor flat. This is a part of a house built in the 1920's and both properties are owned by separate people, it is a freehold property - apparently, according to the estate agent, this is fairly common, and is referred to as a flying freehold
There is a restriction stating that neither flat can be sold without permission of the other flat owner, I think it's to do with what area of the property each owner is responsible for. However, the cost for any remedial work is carried by both flat owners
When I looked at the Land Registry title for the ground floor flat, there is a Register Charge listing Santander as the owner of this property
I am not sure how this affects the sale? Given the title for the first floor flat states it can't be sold whithout the propertior of the ground floor giving permission, does that mean Santander has to give the permission?
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Comments
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I assume Santander just have a charge and are not the legal owners of the flat?
This is one for the solicitors I think or probably @kingstreet he is like the google of mortgage brokers.
I am a Mortgage AdviserYou should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
As far as I can make out, the only reference to Santander is actually as a charge register. The document I got from the Land Register described them as being the proprietor in 2010. Is that the same as the owner or something different? The charge register lists them in 2008, but it changed to proprietor in 2010. The owner of the flat has dementia so I'm wondering if this is protection0
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I wonder if this is one of the old 'Home Reversion' products?ClareAshton said:The charge register lists them in 2008, but it changed to proprietor in 2010. The owner of the flat has dementia so I'm wondering if this is protection
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You might be better asking for this to be moved to the House Buying board as it seems you're wanting more general advice about interpreting the title.
Have you not already engaged a solicitor? Might make sense given the unusual set-up.0
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