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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My Mother past away earlier this year and we are in the process

Customer Question

My Mother past away earlier this year and we are in the process of selling the house.
We have found that the land is registered as leasehold and there is no record at LR for the freehold of the house. My Mother paid for the freehold when she bought the house in 1990
and we have documents including bills from a now defunct solicitors practice that shows she paid for the freehold and paid the solicitor for their services. We cannot find the freehold deeds, we are waiting for the bank to come back to us in case they have it.
We have a buyer and we are worried with all this going on we will lose them.
What is the quickest way of getting this sorted.
Kind Regards
***** *****hurst
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hi Keith and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

If you are willing to disclose the address, I can check with Land Registry concerning the Freehold issue?

Kind Regards

AL

Customer: replied 2 years ago.

Hello Al,

We have contacted the land registry and there is only the leasehold registered. My Mothers address below.

17 Bryony Rise, Randley Fields, Telford Shropshire TF3 2AF

The building Society said the details they have for the deeds are the number which is SL14718 .

Thank you.

Expert:  Aston Lawyer replied 2 years ago.

Thanks for your reply.

Please give me a few minutes, and I will come back to you.

Kind Regards

AL

Expert:  Aston Lawyer replied 2 years ago.

Hi Keith,

I have now checked with the Land Registry portal and you are indeed correct in that the only Title registered against No. 17 is the Leasehold title numbered SL14718.

It also shows that the Freehold to No. 17 is NOT registered.

As the Freehold is not registered land, when you receive the Deeds from the Bank, I am hoping that it will include the unregistered Freehold deeds. If so, you will be fine to proceed with the Sale.

If the Deeds from the Bank do not include the Freehold deeds, you will need to investigate to see what happened when your Mother purchased it in 1990. As your Mother's SOlicitors are defunct, you will need to ask the Solicitor who is acting on the Sale to look into matters. The easiest thing to do would be to contact the "old Freeholder" if you know who this was. If it turns out the paperwork has been lost, the old Freeholder will be able to sign a further Transfer, transferring the Freehold to you/your Mother's Executor. I do note that both of the neighbours, at numbers 16 and 18 have acquired their Freehold, so you may want to speak to them to see who the Freeholder was, if you don't know.

I hope this assists as far as I can, but please let me know if you have any queries.

Kind Regards

AL

Aston Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello Al,

My Mother purchased the house new and if the bank does not have them what is the next way to go ?.

The local authority is the leasehold and as I said earlier she has letters and bills to show that she paid for the freehold, as we need to go forward do you have any suggestions.

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks.

Strange- I can only assume that all your Mother therefore purchased was the Leasehold title. The Leasehold title is of course registered at the Land Registry, and if your Mother bought from new, the title she would have purchased is then registered at the Land Registry. If she had purchased the Freehold, this would have shown in the Land Registry Transfer document, and which document is then submitted to the Land Registry for registration purposes.

If I were you, I would speak to the Council's legal department and ask them

check their records as to whether they still own the Freehold.

I hope this helps.

Kind Regards

AL