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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7600
Experience:  BA (Hons), PgDip, Practising Solicitor
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I own a leasehold maissonette - the block contains four properties.

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I own a leasehold maissonette - the block contains four properties. We also each own a share of the freehold. I am in the process of selling my property. I have just found out that the owner of one of the properties is not named on the freehold ( the previous owner is ) and another property is rented out and the owner does not live there. Any advice on what I can do when it comes to trying to transfer my share to my purchaser ?

Thanks for your patience.

This is a bit of a pickle I’m afraid.

The previous owner should probably not be named. I would expect that each sale includes a sale of the freehold, which was not done when the previous owner sold their property to the current owner.

You really need to get in contact with the current owner immediately. Speak to the occupier, they will likely have an address for them. Write to them with evidence that they are not registered and ask them to contact you with a view to getting in contact with the previous owner to arrange the transfer of the share of the freehold.

It may be that the solicitor acting for him when he purchased the property missed it, in which case it’s negligence, in which case they will be very keen to sort it out now. They should still have details of the Seller and their solicitors so that their address can be traced.

At the moment you would not be able to transfer the freehold share in your sale because all the registered proprietors must sign the land registry transfer form (unless there is a court order stating that the title may be transferred without a signature.

You can probably sort it out, but time is of the essence so you have to move quickly.

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Kind regards,

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