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  • Legal FAQs

    Missing documents in legal pack

    Hi Smile  I'm just looking at legal pack of auction property and I'm not sure what does it mean and if it's a big issue...

    Conveyancing Paralegal asked Land Registry as follows: 'We note that leasehold title XXXX refers to a copy plan filed for the deed of assignment dated 9th December 1960. Can you please confirm if a copy of this plan is available for download'        

    and Land Registry replied:

    'We are not able to comply with your request as we can not locate a copy of the document. We apologies for any inconvenience that this causes you'  

    Also, in documents available there is leasehold register, title plan and lease from 1905 but no freehold register.

    Is a lack of freehold register and above mentioned deed of assignment a big issue and it may cause problems in the future (for instance with selling property or some other issues)? 

    Property has been bought in 2003 and is for sale now via auction. I would totally appreciate your comments.

    Thank you Smile

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    If the freeholder is not known it is an issue as who is looking after the property, arranging insurance for the whole building. This will make it a lot harder to sell and getting a mortgage

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    A lot of older properties, especially terraces in northern cities  are on 999 year peppercorn rents of minimal amounts like £3.50 per annum. These cannot go up. In these cases, sometimes the freehold is owned by one of the properties in the street and it's possible to find out more by looking at the documents for neighbouring properties.  Sometimes the freeholds are bought as a job lot by sharkish companies that try and extort money out of the house owners but they have little clout as long as you keep paying the £3.50 or whatever. Sometimes the freeholder is an entity like a social club that no longer exists.  If the freeholder cannot be identified it's possible to insure against someone turning up and making a claim. It costs about £50 for a one off lifetime insurance premium and that makes the property mortgageable in my experience of these types of property. Of course yours may be in a different situation I  which case week specialist advice 

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    Another thing is, if you can get access to the property there may be correspondence from the freeholder inside.

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    If you can't trace the freeholder is the leaseholder able to apply to take ownership of the freehold?

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    I believe so but it would be worth contacting the leasehold advisory service for advice on this.

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    Hi Alison,

    Thank you for your explanation. Would you be able to advise on good, not expensive and quick solicitor to review auction pack?

    I'd appreciate your recommendation if you know anyone. Can be located anywhere as the property itself is in Sheffield.

    Many thanksSmile

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    I can't recommend a solicitor but if you message me the auction details I'll tell you what I think. You'll still need a solicitor but there are often clues as to why the property is being sold at auction that can be good pointers. Have you been to see the property? Sometimes there are structural issues or Japanese knotweed in the garden.

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    Hi Alison,

    I've sent you private message. Looking forward to hearing from you Smile

    Kind regards,

    Joanna

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