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Is the situation here that the two of you own the freehold of the building but it’s the other person who takes control or is the situation that the other person owns the whole freehold?
Are you saying that with regard to the separate policies, each freeholder ensures the other person’s property?
Are you also saying that your policy adequately ensures the other person’s but you are not convinced that the other person’s insurance adequately insured yours or that they have it at all?
I’m still not certain who the freeholders are. You say that it’s two sets of freeholders of the whole semi detached house. However you then refer to your co-freeholders upstairs ignoring your letters. Are you saying that you co-own the freehold with the person upstairs? If so, is it the person upstairs that you think is failing to insure adequately? Why has the person upstairs taken control of the insurance issue?
Co-owning freehold with fellow tenants has actually been common for a long time. I grasped the situation completely but that’s not how you explained it unless it was just me who was interpreting what you said wrong. There is also usually a provision in the lease that any sale of the lease must be done contemporaneously with the transfer of the freehold. Not at all uncommon.
I think the question that you’re asking is that as your co-freeholder is not doing anything about insurance (which you should do jointly) and ignoring your correspondence, can you simply do it alone, noting everyone’s interest, do it on one policy, and then seek 50% of the cost from the other person. Is that it?
No need to apologise. We resolved it in the end.
Copy the page in the lease which refers to the insurance covenant and send it to the other freeholder along with quotations for an overall freeholders policy and say that unless you hear from him by a particular date, (perhaps 10 days hence) you will arrange the cover yourself and note both his and your interest on the policy. You will then require him to pay half of the cost of the premium to you.
The most important thing here is that you give him notice so that if there is a dispute in the future, he cannot say that you went off on frolic of your own. This type of policy may not be available on the Internet or a price comparison site and you will be better going to see a broker to make sure that you get a product which fits exactly your needs.
There is no reason why you cannot do exactly that.
Can I clarify anything for you?
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