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Freehold of a London Property - Advice Please !

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  • Freehold of a London Property - Advice Please !

    Hi ... and a Happy New Year to everyone on the forum!

    Over the holiday period, I have been tidying up paperwork relating to my late mother's death/affairs. She died in 2006 and my father in 1988.

    In 1982, they sold a London Victorian property which was made up of three leasehold flats ( we all lived in the ground floor flat at the time ). My understanding was that all three flats were sold leasehold and the my parents' solicitor sold all three leaseholds and bought the freehold all on the same day of completion. AT least I believe that is what happened.

    My parents originally bought the three leasehold flats some years earlier, I believe on a leasehold basis and we always continued to live in one of the flats, the other two being rented.

    Advice from my own solicitor ( when my mother died ) suggested that there may be some mileage in founding out who currently owned the freehold. As far as I know, my mother has never been contacted about this.

    I apologise for the sketchy details here, or indeed the correctness of them, but how would this best be pursued just to confirm the situation and would indeed there be any advantage in doing so? Appreciate all input ................ :christmascandle:
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  • #2
    Re: Freehold of a London Property - Advice Please !

    Since 2003 all interests in land (ie leaseholds, freeholds) have to be registered so that A knows whomever's interest in another person's land, ie B. As the properties were pre 2003 the registration of any interests were voluntary under the Land Registration Act 1925.

    Freehold relates to interests of the entire property which pre 2003 likely had land charges attached. Long lease may have had charges too to protect rights to use the other's land. A lease is the use of part or all of another person's freehold estate. It just depends how long the leaseholds were held. Check the property register through the land registry online as it seems likely those leases would have expired at some point and then renewed which would then cause 2003 compulsory registration.

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    • #3
      Re: Freehold of a London Property - Advice Please !

      Originally posted by Openlaw15 View Post
      2003 compulsory registration.
      you mean "Practise Guide 25"?? (https://www.gov.uk/government/public...en-to-register)
      and more specifically what :noidea:??
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      • #4
        Re: Freehold of a London Property - Advice Please !

        Originally posted by Kati View Post
        you mean "Practise Guide 25"?? (https://www.gov.uk/government/public...en-to-register)
        and more specifically what :noidea:??
        I was referring to when the 2002 Act becomes enforceable, ie the legislation like many if not all provides a year or so to adjust to the new measures. I was not referring to the Land Registration Rules 2003.

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