Share of freehold bought without consent of freeholder?

eddddy

HiroA said:

I want to avoid court action etc of course, but if inevitable I might use Housing Ombudsman. 

The Housing Ombudsman deals with complaints about registered providers of social housing.

That's not relevant to your situation in any way.

HiroA

I am a joint freeholder of the property with 3 flats. I (leaseholder) and other leasehoder own the freehold as tenants in common with the Declaration of Trust. 

Is it possible to sell the flat and keep my share of freehold?  The lease has 999 years. 

sgthammer

HiroA said:

Yes, I wish I can buy a freehold house!

You literally have one.

saajan_12

What's the point? If its to earn the £x ground rent, do note that anyone who buys the leasehold will pay that much less for not having the share of freehold. 

sgthammer

Of course you can. How do you think people end up in leasehold contracts in the first place?

MyRealNameToo

HiroA said:

I am a joint freeholder of the property with 3 flats. I (leaseholder) and other leasehoder own the freehold as tenants in common with the Declaration of Trust. 

Is it possible to sell the flat and keep my share of freehold?  The lease has 999 years. 

Yes but why would you want to? 

It will substantially change the dynamic of the partnership if one of the freeholders is not also a leaseholder. 

Emmia

You can but is it worth the hassle continuing to have obligations in this area?

MattMattMattUK

Read the OPs previous thread, it all ties into that. I agree it makes no sense, but there is obviously something to all of this.

loubel

If your Declaration of Trust with A says that you will add B to the Freehold at a premium agreed between you and A, you cannot just refuse to do this because you don't like or trust B. You both have to follow the terms of the Declaration of Trust. Hopefully this  sets out how the premium is to be decided in the event that you cannot agree?

A obviously cannot add B to the freehold unilaterally either. Both of you will need to consent. But there doesn't seem to be any evidence that they are actually trying to do this.

Honestly, it sounds like a shared freehold set up is not working for any of you and you would likely be wise to pay a management company to take over the management of the building. It may cost you all a bit more in fees but at least it would reduce the personal animosity between you over who should be doing what.

loubel

The purpose of the Declaration of Trust is to set out how the joint ownership is to work. I would expect it to require you to transfer your interest in the freehold at the same time as selling your flat. If it doesn't then it doesn't seem it was well drafted for your needs.