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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7434
Experience:  BA (Hons), PgDip, Practising Solicitor
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i own a free hold on a property that contains two purpose built

Resolved Question:

i own a free hold on a property that contains two purpose built flats . One of the lease holders now wants to sell ,the problem being my title deeds show a registration to some one else in 2004 .They say they purchased the flat since 2006.Q Was it legal for them to do this without my consent ? and am i legally bound to do anything as the present owner now wants to sell ?
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.



Do you have an up to date copy of the title registered for the flat? Does this show that it is incorrectly in the name of the previous owner?



Customer: replied 5 years ago.
they have given me a copy of their deed with a title number on it dated 2006.
Expert:  Thomas replied 5 years ago.

When did the present "owner" purchase the property (ie. on which date do they say).

The register should give an exact date. May I please have this.


Customer: replied 5 years ago.
I see the problem ! On the official copy of register of title section B Title absolute it says 13.12.2006
Expert:  Thomas replied 5 years ago.


When does he say he purchased the property?


Customer: replied 5 years ago.
He said verbally about 2006.
Expert:  Thomas replied 5 years ago.



If he purchased a month or so before the date on the register you have then chances are that the register was downloaded before the registration of the purchase in to his name occured. Tell him he should download a more recent version and produce this to you.


He can do this here for a small fee:-


It will probably have him registered section B as the registered propreitor of the title. If so, no problem in selling. If not then he needs to contact the conveyancer who acted for him and providing he had a right to be registered as the propreitor of the title he will have a case for negligence agianst his solicitor and they will do everything they can to register it in his name.


There should be a clause in the Lease requiring the purchaser of the interest to send you a Notice of Assignment upon sale of the property so that you can update your records and know who to contact with regard to the collection of monies owing from leaseholders to you under the terms of the lease (eg. service charge, ground rent, insurance commonly. If this has not been done then it is a breach but if you have not suffered any loss as a result it is a fairly immaterial breach.


If the lease does not contain provision regarding your consent to the sale (and it almost certainly won't) then they can sell as and when they like.



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Kind regards,



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