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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?
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.
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.
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.