Selling House With Both Freehold and Leasehold In Place

TaxedLoafer

Hi eddddy

The lease was 999 years from 1966 so it running out isn't an issue if it still exists. It was also a fixed annual ground rent of £7.

I guess my stumbling block here is if it has never been registered anywhere, how do I find out whether it does still exist? Anecdotally, I believe the original lessors went bust in the mid 1970's and I have no documentation relating to payments of ground rent or to whom they were made subsequently, however I do know it was paid up until 2010. I know the freehold was bought by my parents but have no documentary trail other than the updated deed. These are all things that I thought would come as second nature to a conveyancer who was sent copies of all the documentation I have but they are not being helpful at all.

TL

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/82040638#Comment_82040638

When did they buy the freehold? Presumably 2010?

The lease most likely does exist but when they bought the freehold they hopefully just became their own landlord effectively so as long as both titles are sold together its effectively a freehold even if legally both freehold and leasehold.

The only complexity would happen is if there was a header lease as then that lessor could still sit in the chain.

Have you spoken to neighbours who may be more knowledgeable of the history? What was probate granted on? Have you the details of the conveyancer for the acquisition of the freehold? have you tried contact them?

TaxedLoafer

Thank you Land_Registry

DM sent

TL

Land_Registry

Posting merely to confirm the registered situation in cases others wish to add to or follow up on their commentary.

The property is registered freehold but has a noted (unregistered) lease on the register. As such an application to cancel the noted lease will need to be made to 'determine' (close) the leasehold interest. Our PG 26 explains the number of ways a lease can be determined and how such an application might be made

Practice guide 26: leases – determination - GOV.UK

OP will need to get the noted lease cancelled before a buyer will complete or lender lend - proving OP's parents owned that lease will depend on the facts/evidence assembled to demonstrate that. Possession of the actual lease can be a key part of that as well. Very much a case of relying on your legal advice to gather together available evidence/information and then making the appropriate application

Once submitted that application can be expedited as there's an onward purchase but everything will hinge on the facts/evidence proving ownership of the lease and that it can now be determined and the register updated

TaxedLoafer

@Land_Registry

Thank you very much for that, it helps a lot, and I can now hopefully move forward.

TL