UK Property Law

Get UK Property Law Questions Answered by Experts

Ask an Expert,
Get an Answer ASAP!

UK Property Law

I purchased my maisonette with a 93 year lease in July 2014,

Customer Question
Hi, I purchased my maisonette...
Hi, I purchased my maisonette with a 93 year lease in July 2014, at the time I had no idea it was supposed to be a Tyneside lease/crossover lease, I think neither did the lender or solicitor, after making the purchase I briefly spoke to the old owner who told me that even though I purchased the lease for my downstairs flat I actually own the freehold for upstairs, It was a bit confusing and I made no sense of it at the time but I have now done some research and found that actually he's right, it's supposed to be a crossover lease, I have checked with the land registry and my upstairs neighbour does own the freehold to my flat downstairs, but when I checked who owns the freehold to upstairs, it is the old owner I bought the lease from! it has not changed over to my name and I think he is probably oblivious to this as he had actually told me I own it, I think the lender and my solicitor both had no idea this was a crossover lease at the time of sale as none of the paperwork I have mentions this. one thing I have noticed is that the freehold for my flat is in my upstairs neighbour's name under his upstairs address, where as the freehold for his flat is on the previous lease owner's name under another address completely, maybe this could be the reason it did not automatically switch over? who do I speak to now and how do I fix this? from what I have read online the freehold for upstairs has to be sold along with the lease for downstairs, but this did not happen. please help
Submitted: 1 year ago.Category: UK Property Law
Show More
Show Less
Ask Your Own UK Property Law Question
Answered in 13 hours by:
3/31/2016
Solicitor: Stuart J, Solicitor replied 1 year ago
Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22,624
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Verified

Good morning. Thank you for the question.

I will tell you that the situation you are in here is not at all unusual and in fact, quite common particularly with small flat and maisonette conversions.

What do you want to know about this?

Ask Your Own UK Property Law Question
Customer reply replied 1 year ago
As far as I can see from information online there should only be 2 parties involved in a crossover lease legaly, right now there are 3 as the old owners of my lease still own the freehold for upstairs, my question is how do i fix this and obtain the freehold for upstairs which I should have had in the first place, and who was at fault for this happening. Thanks
Solicitor: Stuart J, Solicitor replied 1 year ago

I have actually had this before. Although, in my particular case, there was a limited company involved which was in liquidation and we ended up having to deal with the Treasury Solicitor. It was very very messy and took years to resolve. It wasn’t our fault, it was the solicitor that dealt with the purchase many years ago (we were trying to sell the property) who was at fault. However, he had since died and the firm had closed. As I said, very messy.

Let me deal with the last question first. Who is at fault for the this not happening?

There are 2 parties involved although ultimately, the buck stops with your solicitor.

The sellers (to you) should have have arranged for the transfer of the other property freehold to you. However it’s for your solicitor to not complete your purchase of the leasehold unless that also happens.

I would therefore go back to the solicitor (who would have been infinitely aware of this requirement) that dealt with your purchase and tell them to sort this out. There is a potential conflict of interest and therefore, you should really see another solicitor that will deal with the solicitor acted on the purchase for you.

Actually dealing with it is relatively simple provided you can find whoever owns the freehold now and provided they will cooperate.

Tracing someone is not that difficult and there are agencies that do it for about 50 quid. If they can’t be found, then it’s a case of making the appropriate application to court and the court will actually sign the transfer in default of either the other person can’t be found or the other person who simply will not cooperate.

I can tell you now, this is not a do-it-yourself job. However, having said that, it should not cost you anything either because the solicitor that dealt with the purchase for you should pick up all the costs.

Even if that solicitor is no longer in business, their insurer will be able to fund this.

Does that answer the question?

Can I answer any specific points arising from?

Ask Your Own UK Property Law Question
Solicitor: Stuart J, Solicitor replied 1 year ago
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.
Ask Your Own UK Property Law Question
Ask Stuart J Your Own Question
Stuart J
Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22,624
22,624 Satisfied Customers
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice

Stuart J is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Aston Lawyer

Aston Lawyer

Property Solicitor

1,734 satisfied customers

LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law

Thomas

Thomas

Lawyer

1,336 satisfied customers

BA (Hons), PgDip, Practising Solicitor

Clare

Clare

Solicitor

1,322 satisfied customers

25 years exeperience

INC

INC

Solicitor-Advocate

812 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Alex J.

Alex J.

Law

447 satisfied customers

LPC, 2 Years Conveyancing

Buachaill

Buachaill

Barrister

282 satisfied customers

Barrister 17 years experience

Matt J

Matt J

Solicitor

216 satisfied customers

LLB(HONS)

< Previous | Next >

Related UK Property Law Questions
I am registered owner of a property with a mortgage but with
I am registered owner of a property with a mortgage but with manipulation my ex inlaws managed to get signature on trust deeds giving them the complete financial benefits from that property. Recently … read more
Clare
Clare
Solicitor
Bachelor's Degree
1,322 satisfied customers
Denning, with my 1/3/2012 accepted question. Original
Dear Law Denning, Please follow up with my 1/3/2012 accepted question. Original Question URL: http://www.justanswer.com/uk-property-law/61pnu-concerned-electrics-flat-ask.html… read more
Stuart J
Stuart J
Solicitor
22,624 satisfied customers
My neighbour has a right of way over my drive so that she
My neighbour has a right of way over my drive so that she could, if she dismantles a moveable fence at the top of the drive, enter her garden that way. She has not exercised that right in about 10 yea… read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
I would like to know if a property classified as an HMO can
I would like to know if a property classified as an HMO can be deemed to be in breach of the house;s covenant that it must be a 'single private dwelling house' … read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
Follow up with my 2/20/2012 3:50:39 PM UTC accepted
Dear Jomo1972, Please follow up with my 2/20/2012 3:50:39 PM UTC accepted question. Original Question URL: http://www.justanswer.com/uk-property-law/69zf9-i-m-american-expat-renting-house-london-i-ve.… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,470 satisfied customers
My tenants and I are defendants in a small court court case
Dear FE Smith My tenants and I are defendants in a small court court case to do with a right of way. The first hearing determined the temporary agreement in relation to the right of way, which is to c… read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
I'm about to file an application to adjourn the date of a
I'm about to file an application to adjourn the date of a preliminary hearing regarding a flea infestation claim I'm defending. whilst filing the application I also would like to present my defense ca… read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
I'm a tenant in common with my brother on a UK property. A
Hi, i'm a tenant in common with my brother on a UK property. A number of years ago my parents were in financial difficulties and I stepped into save the family home with my elder brother. I did not li… read more
Stuart J
Stuart J
Solicitor
22,624 satisfied customers
I want to change the ownership proportion in our UK property
Hello, I want to change the ownership proportion in our UK property Deed of Trust. All parties agree to the change. What is the best (common) way to do this? Do you revoke the existing Deed of Trust a… read more
Clare
Clare
Solicitor
Bachelor's Degree
1,322 satisfied customers
I recently sent this reply to a question that was answered
Hi, I recently sent this reply to a question that was answered but I haven't heard anything and it's been a week. Not sure if it has been received and wondering if someone else can helpI partly own a … read more
Clare
Clare
Solicitor
Bachelor's Degree
1,322 satisfied customers
I am renting via an agency and they have been really bad at
hi, I am renting via an agency and they have been really bad at repairing things like the boiler, the windows, installing a fire alarm etc.. it took them 7 months (from Oct 2008 to May 2009) and final… read more
DR Lawyer
DR Lawyer
BA (HONS) Pgdl Pgdlp
2,318 satisfied customers
If a UK property transaction is less valued at less than
If a UK property transaction is less valued at less than 125,000 then there is no SDLT to pay. However, does an SDLT form need to be filed with the Inland Revenue… read more
Aston Lawyer
Aston Lawyer
Property Solicitor
LLB (HONS)
1,734 satisfied customers
I am currently residing in the UK. I have 2 Plots (Property
Hello,I am currently residing in the UK. I have 2 Plots (Property Land) in Pakistan on my name which were bought by my Father and Sister for me around 5 years ago. I have both Plots (Property Land) on… read more
Nick H
Nick H
LLB
115 satisfied customers
I have lived on a peice of land owned by my grandfather for
I have lived on a peice of land owned by my grandfather for 4 years, after he asked me to move on, in a mobile home and start a plant nursery business. I would like to know what rights I have if he as… read more
Mike GS
Mike GS
35 years experience English Solicit
1,198 satisfied customers
I wanted to know if I need to complete the certificate of
I wanted to know if I need to complete the certificate of service on the N5B form. I am a private landlord applying for possession order on section 21 grounds.Also, I served the section 21 to my tenan… read more
JimLawyer
JimLawyer
GD Law
72 satisfied customers
Team, I have had my house repossessed it was in a joint
Hi team, I have had my house repossessed it was in a joint Mortgage with my estranged wife. We have been separated over 5 years. The house has been sold and there is Apprx £30,000 left to be split wit… read more
Clare
Clare
Solicitor
Bachelor's Degree
1,322 satisfied customers
Subject: Neighbour wants to install gas flue inspection
Subject: Neighbour wants to install gas flue inspection hatches in my bedroom Hello Hope you are well. I hope you can help me out with a query that I have, I own a flat which is part of a criss-cross … read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
I was in a process of purchasimg a property.paid the
hi. I was in a process of purchasimg a property.paid the deposit. then recieved an email from my solicitor to release more funds. which I did. then another that the fund was returned. and pay more mon… read more
JG_Legal
JG_Legal
Barrister
Legal Practice Course
36 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x