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  • FIRST POST
    • Shaz0013
    • By Shaz0013 11th Oct 18, 6:59 AM
    • 4Posts
    • 0Thanks
    Shaz0013
    Freehold property but lease mentioned on the charges, what can I do about this apart from indemnity
    • #1
    • 11th Oct 18, 6:59 AM
    Freehold property but lease mentioned on the charges, what can I do about this apart from indemnity 11th Oct 18 at 6:59 AM
    My property is mentioned on the Land Registry as freehold , but under the charges there is a 999yr lease mentioned. I am currently in the process of selling my property, but my buyers solicitor has said he will not buy with the 'Defective Title' and wants it sorting. My solicitor has applied to the Land registry for any old documents they may have to shed light on how this may be resolved, but she is not confident she can sort this. I have been in the property 24yrs and do not recall having this problem when I purchased. It only came to light when I tried to change lender a few years ago and the new lender picked this up from the searches. I then had to get an Indemnity policy. I thought with this I wouldn't have any problems selling and I am now almost being told my property is worthless and not sellable. Can anyone help on this matter. I am so desperate as I am going to lose my purchase. Can this be sorted or do I have to get a land barrister if my solicitor cannot sort? (property build approx 1953)
Page 1
    • Dime Bar
    • By Dime Bar 11th Oct 18, 7:32 AM
    • 562 Posts
    • 229 Thanks
    Dime Bar
    • #2
    • 11th Oct 18, 7:32 AM
    • #2
    • 11th Oct 18, 7:32 AM
    Is it definitely a lease and not a rentcharge

    https://www.gov.uk/guidance/rentcharges
    The only way of finding the limits of the possible is by going beyond them into the impossible.
    Arthur C. Clarke
    • SmashedAvacado
    • By SmashedAvacado 11th Oct 18, 8:52 AM
    • 532 Posts
    • 543 Thanks
    SmashedAvacado
    • #3
    • 11th Oct 18, 8:52 AM
    • #3
    • 11th Oct 18, 8:52 AM
    My property is mentioned on the Land Registry as freehold , but under the charges there is a 999yr lease mentioned.
    If a lease is mentioned in the charges register, then it is likely that the lease is something your property is subject to - ie that a lease has been granted over your freehold. There are other explanations for this, but to be honest your solicitor shoudl be able to explain to you the issue - what is the exact wording entry in the charges register?

    I am currently in the process of selling my property, but my buyers solicitor has said he will not buy with the 'Defective Title' and wants it sorting. My solicitor has applied to the Land registry for any old documents they may have to shed light on how this may be resolved, but she is not confident she can sort this.
    If you have an indemnity policy covering the point, then you are probably prevented under the terms of the policy from investigating this further to the extent that such investigation brings matters to the attention of whoever the beneficiary is of the charge. Why is the buyer not comfortable with the insurance policy?
    • Shaz0013
    • By Shaz0013 11th Oct 18, 7:34 PM
    • 4 Posts
    • 0 Thanks
    Shaz0013
    • #4
    • 11th Oct 18, 7:34 PM
    Details on Title
    • #4
    • 11th Oct 18, 7:34 PM
    Thanks for your comments, the details on the title are as follows
    A. Property Register
    01.06.89 The Freehold land shown edged with red on the plan of the above Title filed at the Registry being......
    B. Proprietorship Register
    Title Absolute.......
    C. Charges Register
    Lease dated June 1953 to .................for 990 years from 1.6.53
    • Shaz0013
    • By Shaz0013 11th Oct 18, 8:26 PM
    • 4 Posts
    • 0 Thanks
    Shaz0013
    • #5
    • 11th Oct 18, 8:26 PM
    • #5
    • 11th Oct 18, 8:26 PM
    I think the buyers solicitor is influencing the buyer, but they have said definitely no purchase as it stands even with the indemnity! They want the problem resolving properly if it can be. Even my solicitor has said it is a 'Serious query' and this makes my home unsellable. I feel I must have some legal rights/compensation for this as I have never previously been told this is such a problem. Had I been made aware of this 24yrs ago I would have never bought the property.
    • Shaz0013
    • By Shaz0013 12th Oct 18, 5:40 PM
    • 4 Posts
    • 0 Thanks
    Shaz0013
    • #6
    • 12th Oct 18, 5:40 PM
    • #6
    • 12th Oct 18, 5:40 PM
    Thanks for your comments, the details on the title are as follows
    A. Property Register
    01.06.89 The Freehold land shown edged with red on the plan of the above Title filed at the Registry being......
    B. Proprietorship Register
    Title Absolute.......
    C. Charges Register
    Lease dated June 1953 to .................for 990 years from 1.6.53
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