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Land Leasehold Issue
BlackBallPotter147
Posts: 2 Newbie
Hello to all.
I'm hoping someone with good legal knowledge on the subject of land, specifically Freehold and Leasehold land, or someone who has been through a similar scenario themselves, might be able to help advise on an issue I have.
Approximately 35 years ago we purchased an end terrace house in the North West, built in 1890's, attached to the house was a more modern 1980's two storey side extension and next to that is a large area or garden/land that came with the house.
The original 1890's terrace is on a leasehold plot for 999 years along with several other houses on the same row, the extension and 1/3rd of the adjacent garden (middle portion) is on a separate leasehold, and the remaining 2/3rd's we now own the Freehold to. When we bought the property an issue came to light with regards the building of the extension by the seller on the middle portion of land without permission of the leaseholder, at the time the seller could not trace the leaseholder for permission, so carried on with the extension regardless. We were advised by solicitors that we could take out a title insurance policy which protected us against the Freeholder if they ever showed up and demanded the extension be taken down or wanted some kind of compensation.
Fast forward 30 years, to try and resolve the issue we wanted to purchase the Freehold which had now passed to the Crown so we could have the lease squashed to make selling our home less complicated.. Unfortunately for us the Crown wanted a ridiculous price for the Freehold, so this wasn't an option for us at the time.
We do have the name of the leaseholder but all attempts to locate them or any living relatives have failed, so the lease seems to be in some kind of limbo? The other issue now that the Crown owns the Freehold, we are also struggling to get a renewal on the insurance policy.
To this point I have spent thousands I can't afford to waste trying to resolve the issue, even contacting so-called legal experts in land disputes and no one seems to have any answers. I'm worried if I want to sell up and move we are now stuck, or if I wanted to develop the land, any dwellings built on the middle portion of land would be difficult or impossible to sell.
Where do I go from here?
I'm hoping someone with good legal knowledge on the subject of land, specifically Freehold and Leasehold land, or someone who has been through a similar scenario themselves, might be able to help advise on an issue I have.
Approximately 35 years ago we purchased an end terrace house in the North West, built in 1890's, attached to the house was a more modern 1980's two storey side extension and next to that is a large area or garden/land that came with the house.
The original 1890's terrace is on a leasehold plot for 999 years along with several other houses on the same row, the extension and 1/3rd of the adjacent garden (middle portion) is on a separate leasehold, and the remaining 2/3rd's we now own the Freehold to. When we bought the property an issue came to light with regards the building of the extension by the seller on the middle portion of land without permission of the leaseholder, at the time the seller could not trace the leaseholder for permission, so carried on with the extension regardless. We were advised by solicitors that we could take out a title insurance policy which protected us against the Freeholder if they ever showed up and demanded the extension be taken down or wanted some kind of compensation.
Fast forward 30 years, to try and resolve the issue we wanted to purchase the Freehold which had now passed to the Crown so we could have the lease squashed to make selling our home less complicated.. Unfortunately for us the Crown wanted a ridiculous price for the Freehold, so this wasn't an option for us at the time.
We do have the name of the leaseholder but all attempts to locate them or any living relatives have failed, so the lease seems to be in some kind of limbo? The other issue now that the Crown owns the Freehold, we are also struggling to get a renewal on the insurance policy.
To this point I have spent thousands I can't afford to waste trying to resolve the issue, even contacting so-called legal experts in land disputes and no one seems to have any answers. I'm worried if I want to sell up and move we are now stuck, or if I wanted to develop the land, any dwellings built on the middle portion of land would be difficult or impossible to sell.
Where do I go from here?
0
Comments
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*edit
'protected us against the Leaseholder if they ever showed up'0 -
So did you get the title indemnity policy? If so, any attempts to try to contact the actual leaseholder or freeholder about it are likely to invalidate the cover.0
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