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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7149
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am in the process of selling my maisonette and have recognised

Resolved Question:

I am in the process of selling my maisonette and have recognised that when I first bought it, 10 year ago, the share of freehold was not applied for as I had requested and expected and that the previous owner's name is XXXXX XXXXX it. I went back to the original solicitors, Goldsmith Williams, who told me that unless I have full proof that they were supposed to acquire it,then there's nothing they can do. They also informed me that they would have destroyed all my records as it was over 6 years ago and that it would cost £400 for them to carry out this work for me now.
I sent them a lot of the original sale information showing how that they had written to previous owners solicitors enquiring about obtaining share of freehold.
I would like to know whether it is possible to do this work myself with the Land Registry and also whether you feel I can seek redress with Goldsmith Williams?
Many thanks
Shirley Frank
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Is the owner who sold you the property still named as (perhaps joint) owner of the freehold?

Customer: replied 3 years ago.

Yes, she is still on the share of freehold title along with the other two owners who still live in their property's (there are three flats in the whole house that form the freehold title)

Expert:  Thomas replied 3 years ago.

Thanks for your patience.

If it is clear from the documentation that you hold that the freehold was and should have been included in the sale of the property to you and this was not done by the solicitors then you may have a claim against them.

The £400 is I assume the fees that they would charge in normal circumstances to act for someone to purchase the freehold. I wouldn’t instruct them if you have experienced a poor service from them. Instead proceed with a complaint and if not satisfactorily resolved by them then complaint to the legal services commission. They can order compensation if proved.

You will have to attempt to trace the previous owner now to get them to transfer the freehold in to your name with the owners of the other masionette. If you are selling the property soon then you really need to do this now. You need their signature on the land registry transfer form, there is no getting around this unless there is an order of the court.

Hopefully you will be able to find them quickly and arrange the transfer.

Without seeing the documents I can’t be definitive but it does sound like a mistake has been made somewhere along the line and most probably by your solicitors that acted on you behalf in purchasing the property.

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Kind regards,

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7149
Experience: BA (Hons), PgDip, Practising Solicitor
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