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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I ordered a land registry document parents house

Customer Question

Hello, I ordered a land registry document for my parents house to check if it's freehold which at the beginning it says it is, but then lower down the document it mentions a lease, I do not understand?
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Could you confirm if the proprietorship Register states that the property is "Freehold absolute" ?

Is the Lease referred to in the Charges Register- and if so, does it just say "Lease dated xxx between a b" or words to that effect?

Kind Regards

Al

Customer: replied 2 years ago.
It states: (13.09.1978) The Freehold land shown edged with red on the plan on the above Title filed at the Registry and being (address)
The lease is mentioned in the charges register to the now deceased previous owner
Expert:  Aston Lawyer replied 2 years ago.

Hi,

Apologies for the delay.

Well, I can confirm that the property is Freehold.

However, the property used to be Leasehold - when the Freehold was purchased, the "leasehold interest" was not closed- this may have been because when your parents or their predecessor purchased the Freehold, there was a Mortgage over the property.

In short, there should be some Deeds held by your parents in respect of the Leasehold interest- they should be holding the Lease and possibly an Assignment document.

They want to take all the Deeds they hold to their Solicitor to double check everything is there which it should be.

I hope this assists and answers your question.

If so, I would be grateful if you could rate my answer.

Kind Regards

Al

Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Al, thank you for this information, however it seems that this information is missing from the deeds and my parents house is now sold STC, will this cause a major problem?
Expert:  Aston Lawyer replied 2 years ago.

Hi Louise,

Further question- in the Charges Register, does it mention if the Lease has a Title number?

(if the Lease is registered at the Land Registry, it will say "Lease dated xx between a and b registered under Title Number WMXXXXX" or words to that effect).

I look forward to hearing from you.

Kind Regards

Al

Customer: replied 2 years ago.
it says : Lease dated 10 March 1955 to Sidney ***** ***** for 99 years from 25 December 1954.
There is no number
Expert:  Aston Lawyer replied 2 years ago.

Hi Louise,

Thanks for your reply.

It that is all it says, the Leasehold interest is unregistered and there should therefore be some documents proving that your parents also owned/purchased the Leasehold interest.

Accordingly, you will need to notify your Solicitor asap, as this issue will need to be resolved, as the Buyers Solicitor will ask for this evidence.

If the documents can not be located, your Solicitor will have to approach the Land Registry, with any evidence he can produce, to prove that the Leasehold interest is being held by your parents, and if the Land Registry are satisfied, they will remove reference to the Lease from the Freehold title.

I hope this assists and sets out the legal position.

If so, I would be grateful if you could rate my answer.

Kind Regards

Al