Missing freehold (maisonettes)

Topiary

UK 4 bed Victorian house converted into 2 maisonettes in the 70's last change of ownership was 98'.

Peppercorn 999 year lease. no ground rent. no landlord/freeholder.

The freehold is missing on the land registry....both properties are shown on land registry as leasehold but no entry for the freehold 

Was looking at the "bona vacantia" route but that requires a copy of the freehold.

Thoughts on moving ahead ie obtaining freehold shared between both properties.

Thanks 

MyRealNameToo

Who does your lease identify as the lessor? 

Topiary

The paper lease refers to a building firm (that likely did the conversion) since bankrupt back in the 70's. The solicitors which handles the sale are no longer in business.

MyRealNameToo

Topiary said:

The paper lease refers to a building firm (that likely did the conversion) since bankrupt back in the 70's. The solicitors which handles the sale are no longer in business.

Then its likely the asset of the freehold was sold or passed to one of the creditors however its unlikely the administrator  has kept records for that long

Topiary

MyRealNameToo said:

Topiary said:

The paper lease refers to a building firm (that likely did the conversion) since bankrupt back in the 70's. The solicitors which handles the sale are no longer in business.

Then its likely the asset of the freehold was sold or passed to one of the creditors however its unlikely the administrator  has kept records for that long

EDIT : I'm just stumped that land registry is showing no entry for the leaseholder. I do have a copy of the paper lease.

eddddy

Topiary said:

The paper lease refers to a building firm (that likely did the conversion) since bankrupt back in the 70's. The solicitors which handles the sale are no longer in business.

The freehold could have been sold/transferred before the company went bankrupt - or it could have been sold by the bankruptcy administrator. (The name on the lease wouldn't be changed as a result of this.)

Topiary said:

EDIT : I'm just stumped that land registry is showing no entry for the leaseholder [Freeholder?]. I do have a copy of the paper lease.

Compulsory registration only started in about 1990. If the freehold hasn't changed hands since 1990, it's very possible that it's not registered.

Topiary said:

Thoughts on moving ahead ie obtaining freehold shared between both properties.

Both leaseholders can compulsorily purchase the freehold, using a legal process called 'Collective Enfranchisement'.

You can still do this if the freeholder cannot be traced, - you have to go to court to get a vesting order, and you have to show the court that you made reasonable efforts to trace the freeholder. For example, you might have to...

• Write to the freeholder at any/all known addresses
• Hire a tracing agent to search for the freeholder
• Search the probate register
• Put adverts in local papers

and provide evidence to the court that you have done those things.

Topiary said:

Peppercorn 999 year lease. no ground rent.

On that basis, the freehold should cost around £zero. (Unless there is development potential or similar.)

But the legal fees might be a few thousand, especially as you (or your solicitor) will have to carry out the investigations mentioned above, and they'll need to be a court case.


Maybe discuss it with a solicitor who specialises in 'Collective Enfranchisement' and has first hand experience of going to court to get vesting orders in respect of missing freeholders. Ask them for an idea of cost - or ideally, a fixed price quote.

Topiary

Thanks very helpful 👍